Egroff v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 13-415V Filed: June 26, 2014 Not for Publication

************************************* PATRICIA EGROFF, *

*

Petitioner, * Damages decision based on proffer;

* influenza vaccine; brachial neuritis v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

************************************* Mark T. Sadaka, Englewood, NJ, for petitioner.

Althea W. Davis, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION1

Petitioner filed a petition on June 25, 2013, under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10–34 (2006). Petitioner alleges that the influenza vaccine she received on December 9, 2011 caused her to suffer brachial neuritis. On November 21, 2013, respondent filed a Rule 4(c) Report conceding liability and recommending that petitioner receive compensation.

On April 30, 2014, respondent filed Respondent’s Proffer on Award of Compensation. The undersigned issued a decision on April 30, 2014, pursuant to this proffer. Both the proffer and decision contained inadvertent errors, as did the subsequent June 6, 2014, judgment. The decision was withdrawn and judgment vacated on June 25, 2014.

On June 26, 2014, respondent filed Respondent’s Amended Proffer on Award of Compensation. The undersigned finds the terms of the amended proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards petitioner a lump sum payment of $60,000.00, representing all compensation for which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check made payable to petitioner, Patricia Egroff.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2 IT IS SO ORDERED.

Dated: June 26, 2014 s/ Laura D. Millman

Laura D. Millman Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

PATRICIA EGROFF, )

)

Petitioner, ) No. 13-415V

) Special Master Laura D. Millman v. ) ECF

)

SECRETARY OF HEALTH ) AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT’S AMENDED PROFFER ON AWARD OF COMPENSATION I. Compensation for Vaccine Injury-Related Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded $60,000.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4). Petitioner agrees. II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the special master’s decision and the Court’s judgment award the following: 1

A. A lump sum payment of $60,000.00 in the form of a check payable to petitioner, Patricia

Egroff. This amount accounts for all elements of compensation under 42 U.S.C. § 300aa- 15(a) to which petitioner would be entitled.

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

Respectfully submitted, STUART F. DELERY Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division VORIS E. JOHNSON, Jr. Assistant Director Torts Branch, Civil Division s/Althea Walker Davis ALTHEA WALKER DAVIS Senior Trial Counsel Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 307-3013

DATED: June 26, 2014