UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On October 13, 2016, Marguerite Acker ("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 shoulder injuries from an influenza ("flu") vaccination administered on October 16, 2015. Petition at preamble. The case was assigned to the Special Processing Unit ("SPU") of the Office of Special Masters.

On May 12, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injuries. On April 11, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $100,000.00, which represents all elements of compensation to which petitioner would be entitled under § 15(a); funds to satisfy in full the State of Michigan Medicaid lien in the amount of $182.31, and funds to satisfy in full the Molina Healthcare of MI Medicaid lien in the amount of $3,925.46. Proffer at 1-2. 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 the following compensation:

Petitioner agrees to endorse this payment to Equian, LLC.

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 October 13, 2016, Marguerite Acker ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), as amended. Respondent conceded petitioner's entitlement to compensation in his Rule 4(c) Report filed on May 12, 2017. Based on Respondent's Rule 4(c) Report, that same day, the Chief Special Master found petitioner entitled to compensation.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $100,000.00, which 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, Marguerite Acker, should be awarded funds to satisfy, in full, the State of Michigan Medicaid lien in the amount of $182.31, which funds represent satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Michigan may have against any individual as a result of any Medicaid payments the State of Michigan has made to or on behalf of Marguerite Acker 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. In addition, respondent proffers that petitioner, Marguerite Acker, should be awarded funds to satisfy, in full, the Molina Healthcare of MI Medicaid lien in the amount of $3,925.46, which funds represent satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Molina Healthcare of MI may have against any individual as a result of any Medicaid payments the Molina Healthcare of MI has made to or on behalf of Marguerite Acker 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 Marguerite Acker should be made through three lump sum payments as described below, and request that the special master's decision and the Court's judgment award the following:1

Petitioner agrees to endorse this payment to the Michigan Department of Health and Human Services; and

Petitioner agrees to endorse this payment to Equian, LLC.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.