Filed: Jul. 23, 2015
Latest Update: Jul. 23, 2015
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On February 11, 2015, Bridgette Wiley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 [the "Vaccine Act" or "Program"]. Petitioner alleges that she suffered an adverse reaction to the influenza vaccine she received on November 21, 2012 resulting in severe pain and several surgeries. Petition, 4, 39. The case was assigned to the Special Proce
Summary: DECISION AWARDING DAMAGES 1 DENISE K. VOWELL , Chief Special Master . On February 11, 2015, Bridgette Wiley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 [the "Vaccine Act" or "Program"]. Petitioner alleges that she suffered an adverse reaction to the influenza vaccine she received on November 21, 2012 resulting in severe pain and several surgeries. Petition, 4, 39. The case was assigned to the Special Proces..
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DECISION AWARDING DAMAGES1
DENISE K. VOWELL, Chief Special Master.
On February 11, 2015, Bridgette Wiley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the "Vaccine Act" or "Program"]. Petitioner alleges that she suffered an adverse reaction to the influenza vaccine she received on November 21, 2012 resulting in severe pain and several surgeries. Petition, ¶¶ 4, 39. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration ["SIRVA"]. On July 23, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded $135,000.00 for her actual and projected pain and suffering and $1,168.18 to satisfy the State of Georgia Medicaid lien. Proffer at 1.
Pursuant to the terms stated in the attached Proffer, I award petitioner a payment of $136,168.18 as follows:
a. a lump sum payment of $135,000.00 in the form of a check payable solely to petitioner, Bridgette Wiley;
b. a lump sum payment of $1,168.18 in the form of a check payable jointly to petitioner, Bridgette Wiley and Georgia Medicaid:
Georgia Department of Community Health
900 Circle 75 Parkway
Suite 650
Atlanta, GA 30339
representing compensation for satisfaction of the State of Georgia Medicaid lien.3
These amounts represent 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.4
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
Respondent hereby submits the following proffer for the award on compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that Petitioner should be awarded a lump sum of $135,000.00 for Petitioner's actual and projected pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4).1 Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of Georgia Medicaid lien in the amount of $1,168.18, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Georgia may have against any individual as a result of any Medicaid payments the State of Georgia has made to or on behalf of petitioner 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 November 21, 2012, under Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $135,000.00 in the form of a check payable to petitioner. In addition, a lump sum payment should be made of $1,168.18, representing compensation for satisfaction of the State of Georgia Medicaid lien, payable jointly to petitioner and Georgia Medicaid:
Georgia Department of Community Health
900 Circle 75 Parkway
Suite 650
Atlanta, GA 30339
Petitioner agrees to endorse this payment to Georgia Medicaid.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Date: July 23, 2015