Filed: Aug. 17, 2017
Latest Update: Aug. 17, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On January 9, 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 left shoulder pain and frozen shoulder following her February 1, 2016 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Ma
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On January 9, 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 left shoulder pain and frozen shoulder following her February 1, 2016 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Mas..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On January 9, 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 left shoulder pain and frozen shoulder following her February 1, 2016 influenza ("flu") vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ("SIRVA"). On August 16, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $110,000.00 and an additional $209.32 to satisfy a Medicaid lien by the State of Ohio. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards:
• A lump sum payment of $110,000.00 in the form of a check payable to petitioner, Brenda Vance. This amount accounts for all elements of compensation under § 300aa-15(a) to which petitioner would be entitled; and
• A lump sum payment of $209.32, representing compensation for satisfaction of the State of Ohio Meicaid lien, payable jointly to petitioner and to:
Ohio Tort Recovery Unit
350 Worthington Road, Suite G
Westerville, Ohio 43082
Petitioner agrees to endorse this payment to Ohio Tort Recovery Unit.
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
RESPONDENT'S AMENDED PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner, Brenda Vance, should be awarded $110,000.00. 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, Brenda Vance, should be awarded funds to satisfy, in full, the State of Ohio Medicaid lien in the amount of $209.32, which represents satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any individual as a result of any Medicaid payments the State of Ohio has made to or on behalf of Brenda Vance from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury, under Title XIX of the Social Security Act.
II. Form of the Award:
The parties recommend that the compensation provided to Brenda Vance should be made through two lump sum payments as described below, and request that the special master's decision and the Court's judgment award the following:1
(1) A lump sum payment of $110,000.00 in the form of a check payable to petitioner, Brenda Vance. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled; and
(2) A lump sum payment of $209.32, representing compensation for satisfaction of the State of Ohio Medicaid lien, payable jointly to petitioner and to:
Ohio Tort Recovery Unit
350 Worthington Road, Suite G
Westerville, Ohio 43082
Petitioner agrees to endorse this payment to Ohio Tort Recovery Unit.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
