Filed: Jan. 06, 2017
Latest Update: Jan. 06, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On April 25, 2016, Terry Bartee ("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 he suffered injuries to his left shoulder after receiving the influenza ("flu") vaccine on December 11, 2014. Petition at 1. The case was assigned to the Special Processing Unit of
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On April 25, 2016, Terry Bartee ("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 he suffered injuries to his left shoulder after receiving the influenza ("flu") vaccine on December 11, 2014. Petition at 1. The case was assigned to the Special Processing Unit of t..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On April 25, 2016, Terry Bartee ("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 he suffered injuries to his left shoulder after receiving the influenza ("flu") vaccine on December 11, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 7, 2016, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation for his shoulder injury related to vaccine administration ("SIRVA"). On January 6, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $71,450.92, representing $70,000.00 in compensation for actual and projected pain and suffering to which petitioner would be entitled and $1,450.92 to satisfy the State of California lien. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 1. 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 $70,000.00, the form of a check payable to petitioner; and
2. A lump sum of $1,450.92, which amount represents reimbursement of a Medicaid lien, in the form of a check payable jointly to petitioner and
Department of Health Care Services
Recovery Branch — MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this check to the State of California.
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
RESPONDENT'S PROFFER OF DAMAGES
I. Items of Compensation
For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on November 7, 2016.
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $70,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Respondent proffers that petitioner should not be awarded any past unreimbursable expenses related to her vaccine injury. Petitioner agrees.
C. Lost Wages
The parties agree that based upon the evidence of record, petitioner's vaccine-related injury has not impaired her earning capacity. Therefore, respondent proffers that petitioner should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
D. Medicaid Lien
Respondent proffers that Terry Bartee should be awarded funds to satisfy the State of California lien in the amount of $1,450.92, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the State of California has made to or on behalf of Terry Bartee from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury suffered on or about December 11, 2014, under Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through two lump sum payments as described below and requests that the Chief Special Master's decision and the Court's judgment award the following:1
A. a lump sum payment of $70,000.00, representing compensation for actual and projected pain and suffering in the form of a check payable to petitioner; and
B. a lump sum payment of $1,450.92 representing compensation for satisfaction of the State of California Medicaid lien, payable jointly to petitioner and
Department of Health Care Services
Recovery Branch — MS 4720
P.O. Box 997421
Sacramento, CA 95899-7421
Petitioner agrees to endorse this payment to the State of California.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Tort Branch, Civil Division
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
s/Alexis B. Babcock
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Dated: January 6, 2017 Telephone: (202) 616-7678
