Filed: Apr. 15, 2019
Latest Update: Apr. 15, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 7, 2018, William and Rhonda Henderson ("petitioners") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act") on behalf of their minor daughter, A.H. Petitioners allege that A.H. developed vasovagal syncope upon receiving tetanus-diphtheria-acellular pertussis ("Tdap") and human papillomavirus ("HPV") vaccine
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 7, 2018, William and Rhonda Henderson ("petitioners") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act") on behalf of their minor daughter, A.H. Petitioners allege that A.H. developed vasovagal syncope upon receiving tetanus-diphtheria-acellular pertussis ("Tdap") and human papillomavirus ("HPV") vaccines..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On February 7, 2018, William and Rhonda Henderson ("petitioners") filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act") on behalf of their minor daughter, A.H. Petitioners allege that A.H. developed vasovagal syncope upon receiving tetanus-diphtheria-acellular pertussis ("Tdap") and human papillomavirus ("HPV") vaccines on August 19, 2016, which resulted in "residual effects and complications of a fall and associated concussion." Petition at 1-4. Specifically, petitioners alleged that A.H. continues to suffer a "lump on her head, i.e., she remains disfigured" as a result of the syncope she suffered following her vaccinations. Id. at 4. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 16, 2018, a ruling on entitlement was issued, finding petitioners entitled to compensation. On April 12, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioners should be awarded a total of $52,044.12, representing $50,000.00 to petitioners and $2,044.12 to satisfy a Commonwealth of Pennsylvania Medicaid lien. Proffer at 2. In the Proffer, respondent represented that petitioners agree with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioners are entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioners the following:
(1) A lump sum payment of $50,000.00 in the form of a check payable to petitioners as guardians/conservators of A.H.'s estate. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of A.H.'s estate; and
(2) A lump sum payment of $2,044.12, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioners and to:
Commonwealth of Pennsylvania
Department of Human Services
Bureau of Program Integrity
P.O. Box 8486
Harrisburg, PA 17105
CIS#: 830170479
Petitioners agree to endorse this payment to the Commonwealth of Pennsylvania. These amounts represent compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On November 15, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on November 16, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her vasovagal syncope and resulting sequelae.
I. Compensation for Vaccine Injury-Related Items
Based on the evidence of record, respondent proffers that petitioner should be awarded $50,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioners agree.
Respondent further proffers that petitioners should be awarded funds to satisfy a Commonwealth of Pennsylvania Medicaid lien in the amount of $2,044.12, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid payments that the Commonwealth of Pennsylvania has made to or on behalf of A.H. from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about April 19, 2016, under Title XIX of the Social Security Act. Petitioners agree.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below:
(1) A lump sum payment of $50,000.00 in the form of a check payable to petitioners as guardians/conservators of A.H.'s estate.1 No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardians/conservators of A.H.'s estate; and
(2) A lump sum payment of $2,044.12, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioners and to:
Commonwealth of Pennsylvania
Department of Human Services
Bureau of Program Integrity
P.O. Box 8486
Harrisburg, PA 17105
CIS#: 830170479
Petitioners agree to endorse this payment to the Commonwealth of Pennsylvania.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: April 12, 2019