Filed: May 23, 2017
Latest Update: May 23, 2017
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 8, 2016, Gregory Thompson ("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 alleged that he sustained left shoulder injuries from an influenza ("flu") vaccination he received on September 8, 2014. The case was assigned to the Special Processing Unit ("SPU") of the Office of Speci
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 8, 2016, Gregory Thompson ("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 alleged that he sustained left shoulder injuries from an influenza ("flu") vaccination he received on September 8, 2014. The case was assigned to the Special Processing Unit ("SPU") of the Office of Specia..
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Unpublished
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 8, 2016, Gregory Thompson ("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 alleged that he sustained left shoulder injuries from an influenza ("flu") vaccination he received on September 8, 2014. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.
On December 1, 2016, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On May 22, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $120,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id.
Respondent further proffers that petitioner should be awarded funds to satisfy, in full, the Commonwealth of Pennsylvania Medicaid lien in the amount of $14,277.85, which represents 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 the Commonwealth of Pennsylvania has made to or on behalf of petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury, under Title XIX of the Social Security Act. Proffer at 1.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Thus, pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner the following:
(1) A lump sum payment of $120,000.00 in the form of a check payable to petitioner, Gregory Thompson. This amount accounts for all elements of compensation under § 300aa-15(a) to which petitioner would be entitled; and
(2) A lump sum payment of $14,277.85, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioner and to
Department of Human Services
Bureau of Program Integrity
Division of Third Party Liability/Recovery Section
P.O. Box 8486
Harrisburg, Pennsylvania 17105-8486
Attn.: Mark Schappell/TPL Program Investigator
Petitioner agrees to endorse this payment to the Pennsylvania Department of Human Services.
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
Respondent proffers that, based on the evidence of record, petitioner, Gregory Thompson, should be awarded $120,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Respondent further proffers that petitioner, Gregory Thompson, should be awarded funds to satisfy, in full, the Commonwealth of Pennsylvania Medicaid lien in the amount of $14,277.85, which represents 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 the Commonwealth of Pennsylvania has made to or on behalf of Gregory Thompson from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury, under Title XIX of the Social Security Act.
I. Form of the Award:
The parties recommend that the compensation provided to Gregory Thompson should be made through two lump sum payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:1
(1) A lump sum payment of $120,000.00 in the form of a check payable to petitioner, Gregory Thompson. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled; and
(2) A lump sum payment of $14,277.85, representing compensation for satisfaction of the Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioner and to:
Department of Human Services
Bureau of Program Integrity
Division of Third Party Liability/Recovery Section
P.O. Box 8486
Harrisburg, Pennsylvania 17105-8486
Attn.: Mark Schappell/TPL Program Investigator
Petitioner agrees to endorse this payment to the Pennsylvania Department of Human Services.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
CHAD A. READLER
Acting 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/Lynn E. Ricciardella
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4356
Dated: May 22, 2017
