Filed: Nov. 20, 2017
Latest Update: Nov. 20, 2017
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 20, 2016, 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 E.D. suffered an intussusception as a result of a rotavirus vaccination on February 18, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On Novemb
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On September 20, 2016, 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 E.D. suffered an intussusception as a result of a rotavirus vaccination on February 18, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On Novembe..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On September 20, 2016, 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 E.D. suffered an intussusception as a result of a rotavirus vaccination on February 18, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 18, 2016, a ruling on entitlement was issued, finding petitioner entitled to compensation for intussusception. On November 20, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded certain compensation. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 2. 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 compensation:
A. A lump sum of $100,000.00 in the form of a check payable to petitioner, as guardian/conservator of E.D.'s estate. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner, as guardian/conservator of E.D.'s estate, is entitled.
B. A lump sum payment of $9,487.84, representing compensation for satisfaction of a State of Indiana Medicaid lien, payable jointly to petitioner and:
MDwise Inc.
Attn: Eric Essley, Vice President and Assistant General Counsel
1200 Madison Avenue, Suite 400
Indianapolis, IN 46225
Reference: Easton Davis/MDwise
Petitioner agrees to endorse this payment to MDwise Inc.
This amount 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
On November 17, 2016, respondent filed her Rule 4(c) Report, in which he recommended that the Court find petitioner Chelsea Mann, as parent and natural guardian of E.D., entitled to compensation, and on November 18, 2016, the Court entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers that petitioner receive an award consisting of the following:
A. A lump sum of $100,000.00 in the form of a check payable to petitioner, as guardian/conservator of E.D.'s estate. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner, as guardian/conservator of E.D.'s estate, is entitled.1
B. A lump sum payment of $9,487.84, representing compensation for satisfaction of a State of Indiana Medicaid lien, payable jointly to petitioner and:
MDwise Inc.
Attn: Eric Essley, Vice President and Assistant General Counsel
1200 Madison Avenue, Suite 400
Indianapolis, IN 46225
Reference: Easton Davis/MDwise
Petitioner agrees to endorse this payment to MDwise Inc.
Petitioner agrees with the proffered award described in paragraphs A and B, above.2
Petitioner further agrees that no payment shall be made until petitioner provides the Secretary with documentation establishing her appointment as guardian/conservator of the estate of E.D. under the laws of the State of Indiana. If petitioner is not authorized by a court of competent jurisdiction to serve as the guardian/conservator of the estate of E.D. at the time a payment pursuant to the Court's judgment is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of E.D. upon submission of written documentation of such appointment to the Secretary.
Respectfully submitted,
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4136
Dated: November 20, 2017
