Edwards v. Secretary of Health and Human Services ( 2020 )

In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0646V
UNPUBLISHED
KERIA EDWARDS, Chief Special Master Corcoran
Petitioner, Filed: December 19, 2019
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Tetanus Diphtheria acellular
Pertussis (Tdap) Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 7, 2018, 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 that she suffered left shoulder injuries related to vaccine
administration (“SIRVA”) resulting from a Tetanus Diphtheria acellular Pertussis
(“Tdap”) vaccine received on October 25, 2016. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On July 24, 2019, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for her SIRVA. On December 19, 2019, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $57,500.00
in actual and projected pain and suffering (reduced to net present value) as well as
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am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.
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).
$4,543.32 to satisfy a State of Ohio 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, 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 compensation:
1. A lump sum payment of $57,500.00, representing compensation for pain
and suffering, in the form of a check payable to Petitioner; and
2. A lump sum payment of $4,543.32, representing compensation for
satisfaction of the State of Ohio Medicaid lien, payable jointly to Petitioner
and:
Treasurer, State of Ohio
Ohio Tort Recovery Unit
350 Worthington Rd., Suite G
Westerville, OH 43082
Case Number: 1146078
Petitioner agrees to endorse this payment to the above payee.
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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KERIA EDWARDS,
Petitioner, No. 18-646V
v. Chief Special Master Corcoran
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On May 7, 2018, Keria Edwards (“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. The Petition alleged that petitioner suffered a
Shoulder Injury Related to Vaccine Administration (“SIRVA”) following her receipt of a
tetanus-diphtheria-acellular pertussis vaccine on October 25, 2016. Respondent conceded
petitioner’s entitlement to compensation in his Rule 4(c) Report filed on July 24, 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 $57,500.00 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.
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B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of Ohio
Medicaid lien in the amount of $4,543.32, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any
individual as a result of any Medicaid payments the State of Ohio 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 October 25, 2016, under Title XIX of
the Social Security Act.
II. Form of the Award
Respondent recommends that compensation provided to petitioner should be made
through lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following, representing all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a):
A. A lump sum payment of $57,500.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner; 1 and
B. A lump sum payment of $4,543.32, representing compensation for satisfaction of
the State of Ohio Medicaid lien, payable jointly to petitioner and
Treasurer, State of Ohio
Ohio Tort Recovery Unit
350 Worthington Rd., Suite G
Westerville, OH 43082
Case Number: 1146078
Petitioner agrees to endorse this payment to the above payee.
1
Should petitioner die prior to the 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 lost earnings, and future pain and suffering.
2
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: December 19, 2019
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