Filed: Aug. 22, 2018
Latest Update: Aug. 22, 2018
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 25, 2016, 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 he developed Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered on February 28, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Offi
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On February 25, 2016, 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 he developed Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered on February 28, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Offic..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On February 25, 2016, 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 he developed Guillain-Barre Syndrome ("GBS") as a result of an influenza ("flu") vaccination administered on February 28, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 22, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On August 20, 2018, respondent filed a Rule 4(C) Report and Proffer of Compensation ("Proffer") indicating petitioner should be awarded a lump sum payment of $24,361.34, representing compensation for satisfaction of a State of Colorado Medicaid lien. Petitioner should also be awarded $575,000.00, consisting of: $377,516.00 for lost earnings (at net present value); $34,453.00 for unreimbursable, vaccine-related expense (at net present value); and $163,031.00 for actual and projected pain, suffering, and emotional distress (at net present value). Proffer at 4. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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 petitioner:
(1) A lump sum payment of $24,361.34, representing compensation for satisfaction of a State of Colorado Medicaid lien, payable jointly to petitioner and:
Colorado Dep't of Health Care Policy & Financing
Re: No. S277805 (Armando Tinoco)
1570 Grant St.
Denver, CO 80203
Petitioner agrees to endorse this payment to the State; and
(2) A lump sum payment of $575,000.00 in the form of a check payable to petitioner, Armando Tinoco (consisting of $377,516.00 for lost earnings; $34,453.00 for unreimbursable, vaccine-related expense; and $163,031.00 for actual and projected pain, suffering, and emotional distress). This amount represents compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
