Vanderpool v. Secretary of Health and Human Services ( 2016 )


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  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 15-1400V
    Filed: September 9, 2016
    Unpublished
    ****************************
    DEBORAH VANDERPOOL,                      *
    *
    Petitioner,         *      Damages Decision Based on Proffer;
    v.                                       *      Influenza (“flu”) Vaccine; Shoulder Injury
    *      Related to Vaccine Administration
    SECRETARY OF HEALTH                      *      (“SIRVA”); Special Processing Unit
    AND HUMAN SERVICES,                      *      (“SPU”)
    *
    Respondent.         *
    *
    ****************************
    Danielle Strait, Maglio Christopher and Toale, Sarasota, FL, for petitioner.
    Ryan Pyles, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES 1
    Dorsey, Chief Special Master:
    On November 19, 2015, 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” or “Program”). Petitioner alleged that she received an influenza (“flu”)
    vaccination on December 1, 2014, and thereafter suffered from a shoulder injury related
    to vaccine administration (“SIRVA”). The case was assigned to the Special Processing
    Unit (“SPU”) of the Office of Special Masters.
    On February 17, 2016, the undersigned issued a ruling on entitlement finding
    petitioner entitled to compensation for a SIRVA. On September 9, 2016, respondent
    filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
    awarded $104,801.21. Proffer at 1. In the Proffer, respondent represented that
    1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
    undersigned intends 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). 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, the undersigned agrees that the identified material fits
    within this definition, the undersigned will redact such material from public access.
    2National 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).
    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
    petitioner the following compensation:
    (a) A lump sum of $4,801.21, which amount represents reimbursement of a
    State of Washington Medicaid lien, in the form of a check payable jointly
    to petitioner and
    Coordinated Care
    5615 High Point Drive, Suite 100
    Irving, TX 75038
    Petitioner agrees to endorse this payment to Coordinated Care; and
    (b) A lump sum of $100,000.00 in the form of a check payable to petitioner.
    This amount and the amount listed in paragraph (a) above represents
    compensation for all elements of compensation under § 300aa-15(a) to which
    petitioner is entitled.
    The clerk of the court is directed to enter judgment in accordance with this
    decision. 3
    IT IS SO ORDERED.
    s/Nora Beth Dorsey
    Nora Beth Dorsey
    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
    DEBORAH VANDERPOOL,
    Petitioner,
    v.                                                      No. 15-1400V
    Chief Special Master Nora Beth Dorsey
    SECRETARY OF HEALTH AND                                 ECF
    HUMAN SERVICES,
    Respondent.
    RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
    On February 17, 2016, respondent filed her Rule 4(c) Report, in which she recommended
    that the Court find petitioner entitled to compensation, and on the same date, the Court entered
    its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
    that petitioner receive an award of compensation as follows:
    a. A lump sum of $4,801.21, which amount represents reimbursement of a State of
    Washington Medicaid lien, in the form of a check payable jointly to petitioner and
    Coordinated Care
    5615 High Point Drive, Suite 100
    Irving, TX 75038.
    Petitioner agrees to endorse this payment to Coordinated Care; and
    b. A lump sum of $100,000.00 in the form of a check payable to petitioner. This amount
    and the amount listed in paragraph (a) above represents compensation for all elements of
    compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
    Petitioner agrees with the proffered award of $104,801.21.2
    1
    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, future pain and suffering, and future lost wages.
    1
    Respectfully submitted,
    BENJAMIN C. MIZER
    Principal Deputy Assistant Attorney General
    C. SALVATORE D’ALESSIO
    Acting Director
    Torts Branch, Civil Division
    CATHARINE E. REEVES
    Acting Deputy Director
    Torts Branch, Civil Division
    VORIS E. JOHNSON, JR.
    Senior Trial Attorney
    Torts Branch, Civil Division
    s/ RYAN D. PYLES
    RYAN D. PYLES
    Trial Attorney
    Torts Branch, Civil Division
    U.S. Department of Justice
    P.O. Box 146
    Benjamin Franklin Station
    Washington, DC 20044-0146
    Tel: (202) 616-9847
    Dated: September 9, 2016
    2
    This proffer does not include any award for attorneys’ fees and costs that may be awarded
    pursuant to 42 U.S.C. § 300aa-15(e).
    2
    

Document Info

Docket Number: 15-1400

Judges: Nora Beth Dorsey

Filed Date: 11/4/2016

Precedential Status: Non-Precedential

Modified Date: 11/4/2016