Judges: Brian H. Corcoran
Filed: Jan. 17, 2020
Latest Update: Mar. 03, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0138V UNPUBLISHED MADISON EDWARDS, Chief Special Master Corcoran Petitioner, Filed: December 13, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Decision Awarding Damages; Pain HUMAN SERVICES, and Suffering; Meningococcal Vaccine; Vasovagal Syncope Respondent. Damon Louis Beard, Townsley Law Firm, Lake Charles, LA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respo
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0138V UNPUBLISHED MADISON EDWARDS, Chief Special Master Corcoran Petitioner, Filed: December 13, 2019 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Decision Awarding Damages; Pain HUMAN SERVICES, and Suffering; Meningococcal Vaccine; Vasovagal Syncope Respondent. Damon Louis Beard, Townsley Law Firm, Lake Charles, LA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respon..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0138V
UNPUBLISHED
MADISON EDWARDS, Chief Special Master Corcoran
Petitioner, Filed: December 13, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Decision Awarding Damages; Pain
HUMAN SERVICES, and Suffering; Meningococcal
Vaccine; Vasovagal Syncope
Respondent.
Damon Louis Beard, Townsley Law Firm, Lake Charles, LA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On January 28, 2019, Madison Edwards 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 syncopal episode upon receiving a
meningitis vaccination on January 29, 2016, which resulted in “injuries, including fractured
jaw, ruptured eardrum, chin laceration and fractured teeth.” Petition at Preamble, ¶6. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 5, 2019, a ruling on entitlement was issued finding Petitioner entitled
to compensation. On December 12, 2019, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded damages in the amount
$101,287.69, representing compensation in the amount of $100,000.00 for actual pain
and suffering, $915.00 for past unreimbursable expenses, and $372.69 for payment of a
Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner
1
Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the ruling will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner
is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner the
following:
a) lump sum payment of $372.69, representing compensation for full satisfaction of
a State of Louisiana Medicaid lien, in the form of a check payable jointly to
Petitioner and
AmeriHealth Caritas Medicaid
c/o Discovery Health Partners
2 Pierce Place, Suite 1900
Itasca, IL 60143
Case Number: 95576
Petitioner agrees to endorse this payment to AmeriHealth Caritas Medicaid.
b) a lump sum of $100,915.00 in the form of a check payable to Petitioner. This
amount represents compensation for all remaining damages that would be
available under 42 U.S.C. § 300aa-15(a)
The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3
Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MADISON EDWARDS,
Petitioner,
v. No. 19-138V
Chief Special Master Corcoran (SPU)
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 4, 2019, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her vasovagal syncope that occurred following receipt of a
meningococcal vaccination. The Chief Special Master’s Ruling on Entitlement, adopting
respondent’s recommendation, was issued the same day.
Based upon the evidence of record, respondent proffers that petitioner 1 should be awarded
$101,287.69. This is comprised of pain and suffering ($100,000.00), unreimbursable out of
pocket expenses ($915.00), and payment of a Medicaid lien ($372.69), and represents all elements
of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 2 Petitioner
agrees.
1
Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2
Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses and future pain and suffering.
1
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through:
a) lump sum payment of $372.69, representing compensation for full satisfaction
of a State of Louisiana Medicaid lien, in the form of a check payable jointly to
petitioner and
AmeriHealth Caritas Medicaid
c/o Discovery Health Partners
2 Pierce Place, Suite 1900
Itasca, IL 60143
Case Number: 95576
Petitioner agrees to endorse this payment to AmeriHealth Caritas Medicaid.
b) a lump sum of $100,915.00 in the form of a check payable to petitioner. This
amount represents compensation for all remaining damages that would be
available under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Dated: December 12, 2019 Tel: (202) 616-3677
2
