Filed: Aug. 02, 2016
Latest Update: Aug. 02, 2016
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 4, 2015, Esmeralda Morales ("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" or "Program"). Petitioner alleges that she suffered a shoulder injury caused in fact by the influenza vaccination she received on March 19, 2014. Petition, at 1, 9. The case was assigned to the Special Process
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On November 4, 2015, Esmeralda Morales ("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" or "Program"). Petitioner alleges that she suffered a shoulder injury caused in fact by the influenza vaccination she received on March 19, 2014. Petition, at 1, 9. The case was assigned to the Special Processi..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On November 4, 2015, Esmeralda Morales ("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" or "Program"). Petitioner alleges that she suffered a shoulder injury caused in fact by the influenza vaccination she received on March 19, 2014. Petition, at ¶¶ 1, 9. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 3, 2016, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury. On August 2, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $76,451.58, representing all elements of compensation to which petitioner would be entitled. Proffer at 1. 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 petitioner payment as follows:
1. A lump sum payment of $76,000.00, the form of a check payable to petitioner; and
2. A lump sum of $451.58, which amount represents reimbursement of a Medicaid lien, in the form of a check payable jointly to petitioner and
Agency for Health Care Administration
c/o Florida Medicaid Casualty Recovery Program
P.O. Box 12188
Tallahassee, FL 32317-2188
Petitioner agrees to endorse this check to the Florida Medicaid Casualty Recovery Program.
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
For purposes of this Proffer, the term "vaccine-related" is described in Respondent's Rule 4(c) Report, filed on February 2, 2016, conceding entitlement in this case. Respondent proffers that, based on the evidence of record, petitioner should be awarded $76,451.58. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the special master's decision and the Court's judgment award the following:1
A. A lump sum of $76,000.00 in the form of a check payable to petitioner; and
B. A lump sum of $451.58, which amount represents reimbursement of a Medicaid lien, in the form of a check payable jointly to petitioner and
Agency for Health Care Administration
c/o Florida Medicaid Casualty Recovery Program
P.O. Box 12188
Tallahassee, FL 32317-2188
Petitioner agrees to endorse this check to the Florida Medicaid Casualty Recovery Program.
Payments made pursuant to paragraphs IIA and IIB represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
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s/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: August 2, 2016
