Filed: Jun. 07, 2019
Latest Update: Jun. 07, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 20, 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 a shoulder injury related to vaccine administration ("SIRVA") following a tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on July 12, 2016. Petition at 1. The case was assigned to t
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On December 20, 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 a shoulder injury related to vaccine administration ("SIRVA") following a tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on July 12, 2016. Petition at 1. The case was assigned to th..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On December 20, 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 a shoulder injury related to vaccine administration ("SIRVA") following a tetanus-diphtheria-acellular pertussis ("Tdap") vaccination on July 12, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 10, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On June 6, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $55,00.00 in actual and projected pain and suffering, $49.87 for past unreimbursable expenses, and $2,971.02 for full satisfaction of a Medicaid lien. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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:
a. A lump sum payment of $55,049.87 in the form of a check payable to petitioner, Heather Lynch (consisting of $55,00.00 for pain and suffering and $49.87 for unreimbursable expenses). This amount represents compensation for all damages that would be available under § 300aa-15(a), except as set forth in paragraph b; and,
b. A lump sum payment of $2,971.02, representing compensation for satisfaction of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and
Meridian Resource Company LLC
Attn: Subrogation Department
P.O. Box 659940
San Antonio, TX 78265-9939
File No. 75538498
Petitioner agrees to endorse this payment to the appropriate State agency.
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
PROFFER ON AWARD OF DAMAGES
On December 20, 2017, Heather Lynch ("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 April 5, 2019. Based on Respondent's Rule 4(c) Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $55,000.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $49.87. Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of Maryland Medicaid lien in the amount of $2,971.02, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Maryland may have against any individual as a result of any Medicaid payments the State of Maryland 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 July 12, 2016, under Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent recommends that compensation provided to petitioner through the lump sum payments as described below and requests that the Chief Special Master's decision and the Court's judgment award the following:
a. A lump sum of $55,049.87, representing compensation for pain and suffering ($55,000.00) and past unreimbursable expenses ($49.87), in the form of a check payable to petitioner.1 This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), except as set forth in paragraph II.b; and
b. A lump sum of $2,971.02, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner2 and
Meridian Resource Company LLC
Attn: Subrogation Department
PO Box 659940
San Antonio, TX 78265-9939
File No.: 75538498
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
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
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: June 6, 2019
