Filed: Feb. 18, 2016
Latest Update: Feb. 18, 2016
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 6, 2015, Ms. Whirley 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 left shoulder injury which was caused in fact by an influenza ("flu") vaccine she received on October 3, 2014. Petition at Preamble. The case was assigned to the Special Processing Unit of the
Summary: Unpublished DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 6, 2015, Ms. Whirley 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 left shoulder injury which was caused in fact by an influenza ("flu") vaccine she received on October 3, 2014. Petition at Preamble. The case was assigned to the Special Processing Unit of the O..
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Unpublished
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On October 6, 2015, Ms. Whirley 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 left shoulder injury which was caused in fact by an influenza ("flu") vaccine she received on October 3, 2014. Petition at Preamble. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 28, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation. On February 18, 2016, respondent filed a proffer on award of compensation ["Proffer"] stating petitioner should be awarded $70,000.00, in pain and suffering and $1,046.93, for payment of a Medicaid lien. Proffer at 1. In the Proffer, respondent represents 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 petitioner the following:
A. A lump sum payment of $70,000.00, in the form of a check payable to petitioner, Suzanne Whirley, and
B. A lump sum of $1,046.93, representing compensation for satisfaction of the State of Illinois Medicaid lien, in the form of a check payable to petitioner and Optum. Petitioner agrees to endorse this check to Optum and agrees to mail payment to:
Optum
75 Remittance Drive
Suite 6019
Chicago, IL, 60675-6019
These amounts represents compensation for all damages that would be available under § 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. Items of Compensation
For purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report, filed on January 28, 2016, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $70,000.00 in pain and suffering and $1,046.93 for payment of a Medicaid lien. The Medicaid lien represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Illinois may have against any individual as a result of any Medicaid payments the State of Illinois has made to or on behalf of petitioner 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 October 3, 2014, under Title XIX of the Social Security Act.
These payments represent all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through lump sum payments described below, and request that the Chief Special Master's decision and the Court's judgment award the following:
A. A lump sum of $70,000.00 in the form of a check payable to petitioner, Suzanne Whirley, and
B. A lump sum of $1,046.93, representing compensation for satisfaction of the State of Illinois Medicaid lien, in the form of a check payable to petitioner and Optum. Petitioner agrees to endorse this check to Optum and agrees to mail payment to:
Optum
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
These amounts account for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Senior Trial Attorney
Torts Branch, Civil Division
/s/DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: February 18, 2016
