Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 31, 2018, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that she developed Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine she received on September 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of S
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 31, 2018, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act"). Petitioner alleges that she developed Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine she received on September 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Sp..
More
UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On May 31, 2018, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleges that she developed Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccine she received on September 21, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 27, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On August 26, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $163,000.00 in the form of a check payable to petitioner and a lump sum of $109,850.26, representing compensation for satisfaction of a State of Washington Medicaid lien. Proffer at 4. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the Proffer, the undersigned awards:
1. A lump sum payment of $109,850.26, representing compensation for satisfaction of a State of Washington Medicaid lien, payable jointly to petitioner and:
Optum
75 Remittance Drive, Ste. 6019
Chicago, IL 60675-6019
Tax ID: 41-1858498
Petitioner agrees to endorse this payment to the State and/or the State's designee; and
2. A lump sum payment of $163,000.00 (which includes approximately $13,000.00 in compensation for unreimbursed expenses) in the form of a check payable to petitioner, Elizabeth Phenneger. This amount represents 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.
