Thompson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-963V Filed: March 13, 2015

**************************** ANDREA THOMPSON, *

*

Petitioner, * Damages Decision Based on Proffer; v. * Hepatitis B Vaccine; Shoulder Injury

* Related to Vaccine Administration SECRETARY OF HEALTH * (SIRVA); Adhesive Capsulitis (Frozen AND HUMAN SERVICES, * Shoulder); Special Processing Unit

*

Respondent. *

*

**************************** Francisco Gonzalez, Esq., Law Office of Frank Gonzalez, Great Neck, NJ for petitioner. Ann Martin, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Vowell, Chief Special Master:

On October 8, 2014, Andrea Thompson 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 suffered injuries including neuropathy and adhesive capsulitis (frozen shoulder) which were caused by the Hepatitis B vaccination she received on January 12, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 23, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration [“SIRVA”].3 On 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006).

March 13, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $75,240.00 “represent[ing] all elements of compensation to which petitioner would be entitled.” Proffer at 1. According to respondent’s Proffer, petitioner agrees to this proposed amount. Id. at 1-2. Petitioner’s counsel also confirmed by email communication to the OSM staff attorney managing the case that petitioner agrees to the amount proposed in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award petitioner a lump sum payment of $75,240.00 in the form of a check payable to petitioner, Andrea Thompson. This amount represents compensation for all damages that would be available under § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.4 s/Denise K. Vowell Denise K. Vowell Chief Special Master matter with respondent’s counsel and petitioner had no objection to a ruling based on respondent’s concession as described in the Rule 4(c) report. See Ruling on Entitlement, issued Feb. 23, 2015, at 2 n.3. Thus, I issued my ruling on that basis.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS ____________________________________

)

ANDREA THOMPSON, )

)

Petitioner, )

) No. 14-963V

v. ) Chief Special Master Vowell

) ECF

SECRETARY OF HEALTH AND ) HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $75,240.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). 1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $75,240.00 in the form of a check payable to petitioner. Petitioner agrees.

Respectfully submitted, BENJAMIN C. MIZER Acting Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division MICHAEL P. MILMOE Senior Trial Counsel Torts Branch, Civil Division s/ ANN D. MARTIN ANN D. MARTIN Senior 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) 307-1815

DATED: March 13, 2015