Filed: Dec. 13, 2019
Latest Update: Dec. 13, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On January 28, 2019, Madison Edwards 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 a syncopal episode upon receiving a meningitis vaccination on January 29, 2016, which resulted in "injuries, including fractured jaw, ruptured eardrum, chin laceration and fractured teeth."
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 BRIAN H. CORCORAN , Chief Special Master . On January 28, 2019, Madison Edwards 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 a syncopal episode upon receiving a meningitis vaccination on January 29, 2016, which resulted in "injuries, including fractured jaw, ruptured eardrum, chin laceration and fractured teeth." ..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Chief Special Master.
On January 28, 2019, Madison Edwards 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 a syncopal episode upon receiving a meningitis vaccination on January 29, 2016, which resulted in "injuries, including fractured jaw, ruptured eardrum, chin laceration and fractured teeth." Petition at Preamble, ¶6. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 5, 2019, a ruling on entitlement was issued finding Petitioner entitled to compensation. On December 12, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded damages in the amount $101,287.69, representing compensation in the amount of $100,000.00 for actual pain and suffering, $915.00 for past unreimbursable expenses, and $372.69 for payment of a Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the following:
a) lump sum payment of $372.69, representing compensation for full satisfaction of a State of Louisiana Medicaid lien, in the form of a check payable jointly to Petitioner and
AmeriHealth Caritas Medicaid
c/o Discovery Health Partners
2 Pierce Place, Suite 1900
Itasca, IL 60143
Case Number: 95576
Petitioner agrees to endorse this payment to AmeriHealth Caritas Medicaid.
b) a lump sum of $100,915.00 in the form of a check payable to Petitioner. This amount represents compensation for all remaining damages that would be available 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.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 4, 2019, respondent filed a Rule 4(c) Report conceding that petitioner is entitled to vaccine compensation for her vasovagal syncope that occurred following receipt of a meningococcal vaccination. The Chief Special Master's Ruling on Entitlement, adopting respondent's recommendation, was issued the same day.
Based upon the evidence of record, respondent proffers that petitioner1 should be awarded $101,287.69. This is comprised of pain and suffering ($100,000.00), unreimbursable out of pocket expenses ($915.00), and payment of a Medicaid lien ($372.69), and represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).2 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made through:
a) lump sum payment of $372.69, representing compensation for full satisfaction of a State of Louisiana Medicaid lien, in the form of a check payable jointly to petitioner and
AmeriHealth Caritas Medicaid
c/o Discovery Health Partners
2 Pierce Place, Suite 1900
Itasca, IL 60143
Case Number: 95576
Petitioner agrees to endorse this payment to AmeriHealth Caritas Medicaid.
b) a lump sum of $100,915.00 in the form of a check payable to petitioner. This amount represents compensation for all remaining damages that would be available under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
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/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Dated: December 12, 2019 Tel: (202) 616-3677
