Filed: Nov. 27, 2017
Latest Update: Nov. 27, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 24, 2016, Wogayehu Dubale ("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 he suffered Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on October 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On October 24, 2016, Wogayehu Dubale ("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 he suffered Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on October 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit o..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On October 24, 2016, Wogayehu Dubale ("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 he suffered Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine he received on October 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 15, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation. On November 22, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $165,000.00 for his pain and suffering, and $223,132.36 to satisfy the State of California Medicaid lien. Proffer at 1-2. 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 the following:
A. A lump sum payment of $165,000.00, in the form of a check payable to petitioner, Wogayehu Dubale.
B. A lump sum payment of $223,132.36, 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 check to the State of California.
These amounts represent 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.
PROFFER ON AWARD OF COMPENSATION
On November 15, 2017, Chief Special Master Dorsey issued an Order finding that petitioner's case was entitled to vaccine compensation for her Guillain-Barré syndrome ("GBS"). The parties submit the following proffer on compensation.
I. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $165,000.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of California Medicaid lien in the amount of $223,132.36, 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 petitioner from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury, under Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent proffers and petitioner agrees that an award of compensation include the following elements:
A. A lump sum payment of $165,000.00, in the form of a check payable to petitioner.
B. A lump sum payment of A lump sum payment of $223,132.36, 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 check to the State of California.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfullysubmitted,
CHAD A. READLER
Principal Deputy Assistant Attorney General
C. SALVATORE D'ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
