Filed: Apr. 19, 2019
Latest Update: Apr. 19, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 12, 2017, 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 A.T.A. suffered from an intussusception as a result of receiving a rotavirus vaccination on September 17, 2014. Petition at 9. The case was assigned to the Special Processing Unit of the Office of Special Master
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On June 12, 2017, 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 A.T.A. suffered from an intussusception as a result of receiving a rotavirus vaccination on September 17, 2014. Petition at 9. The case was assigned to the Special Processing Unit of the Office of Special Masters..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On June 12, 2017, 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 A.T.A. suffered from an intussusception as a result of receiving a rotavirus vaccination on September 17, 2014. Petition at 9. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 15, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for A.T.A.'s intussusception. On April 17, 2019, respondent filed a proffer on award of compensation ("Proffer"). Respondent proffers that, based upon his review of the evidence of record, petitioner should be awarded: (A) a lump sum of $6,358.28, which amount represents reimbursement of a State of North Carolina Medicaid Lien, and (B) an amount sufficient to purchase an annuity contract as described in Proffer Section II.B.
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 attached Proffer, the undersigned awards the following:
A. A lump sum of $6,358.28, which amount represents reimbursement of a State of North Carolina Medicaid Lien for services rendered on behalf of A.T.A., the form of a check payable jointly to petitioner and
Division of Health Benefits
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Petitioner agrees to endorse this payment to the appropriate State agency.
B. An amount sufficient to purchase the annuity contract described in the Proffer Section II.B.
This amount stated in Section II of the attached proffer represents all elements of compensation to which A.T.A. would be entitled under 42 U.S.C. § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
PROFFER ON AWARD OF DAMAGES
On June 12, 2017, Amy Nmn Hayes ("petitioner") filed a petition for compensation ("Petition"), on behalf of her minor child, A.T.A., under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), as amended. Respondent conceded A.T.A.'s entitlement to compensation in his Rule 4(c) Report filed on April 20, 2018. Based on Respondent's Rule 4(c) Report the Chief Special Master found A.T.A. entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that A.T.A. should be awarded the compensation described in Section II below.1 This amount represents all elements of compensation to which A.T.A. would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to A.T.A. should be made through a combination of a lump sum payment and a future annuity payment as described below, and requests that the special master's decision and the Court's judgment award the following:
A. A lump sum of $6,358.28, which amount represents reimbursement of a State of North Carolina Medicaid Lien for services rendered on behalf of A.T.A., the form of a check payable jointly to petitioner and
Division of Health Benefits
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Petitioner agrees to endorse this payment to the appropriate State agency.
B. An amount sufficient to purchase an annuity contract2 that will provide for a guaranteed lump sum payment of $95,485.00 to be made on or about July 3, 2032, paid to the life insurance company3 from which the annuity will be purchased.4, 5 Petitioner agrees.
A.T.A. will be an adult when the annuity payment referenced above is made. Evidence of guardianship is not required in this case.
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 Jennifer L. Reynaud
JENNIFER L. REYNAUD
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 305-1586
DATED: April 17, 2019
