Filed: Feb. 14, 2019
Latest Update: Feb. 14, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 5, 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 she suffered from sepsis as a result of left arm cellulitis caused by her July 22, 2016 Prevnar 13 pneumococcal conjugate vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the O
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 5, 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 she suffered from sepsis as a result of left arm cellulitis caused by her July 22, 2016 Prevnar 13 pneumococcal conjugate vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Of..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On May 5, 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 she suffered from sepsis as a result of left arm cellulitis caused by her July 22, 2016 Prevnar 13 pneumococcal conjugate vaccination. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 4, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for cellulitis and sepsis. On February 14, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $45,000.00, as well as $96.05 to satisfy a Medicaid lien. Proffer at 1. 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards the following compensation, which represents compensation for all damages that would be available under § 15(a):
1. A lump sum payment of $45,000.00 in the form of a check payable to petitioner, Evangelina Salinas; and
2. A lump sum payment of $96.05, representing compensation for satisfaction of the State of North Carolina Medicaid lien, payable jointly to petitioner and to:
North Carolina Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Case Number: 296151
Petitioner agrees to endorse this payment to the North Carolina Division of Medical Assistance.
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
I. Compensation for Vaccine Injury-Related Items
On August 31, 2018, respondent filed his Rule 4(c) Report conceding entitlement in the above-captioned case. Chief Special Master Dorsey issued a Ruling on Entitlement on September 4, 2018, finding that petitioner was entitled to vaccine compensation for cellulitis in her left arm and sepsis. Based on the evidence of record, respondent proffers that petitioner should be awarded $45,000.00. 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, Evangelina Salinas, should be awarded funds to satisfy a State of North Carolina Medicaid lien in the amount of $96.05, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of North Carolina may have against any individual as a result of any Medicaid payments that the State of North Carolina has made to or on behalf of Evangelina Salinas 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 July 22, 2016, under Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below:
(1) A lump sum payment of $45,000.00 in the form of a check payable to petitioner.1
(2) A lump sum payment of $96.05, representing compensation for satisfaction of the State of North Carolina Medicaid lien, payable jointly to petitioner and to:
North Carolina Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Case Number: 296151
Petitioner agrees to endorse this payment to the North Carolina Division of Medical Assistance.
Petitioner is a competent adult. 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
