Wiley v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-141V Filed: July 23, 2015 Unpublished **************************** BRIDGETTE WILEY, * * Petitioner, * Damages Decision Based on Proffer; v. * Influenza or Flu Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * **************************** Jeffrey S. Pop, Esq., Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Christine M. Becer, Esq., U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1 Vowell, Chief Special Master: On February 11, 2015, Bridgette Wiley 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 alleges that she suffered an adverse reaction to the influenza vaccine she received on November 21, 2012 resulting in severe pain and several surgeries. Petition, ¶¶ 4, 39. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 16, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for her shoulder injury related to vaccine administration [“SIRVA”]. On July 23, 2015, respondent filed a proffer on award of compensation [“Proffer”] indicating petitioner should be awarded $135,000.00 for her actual and projected pain and suffering and $1,168.18 to satisfy the State of Georgia Medicaid lien. Proffer at 1.

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).

Pursuant to the terms stated in the attached Proffer, I award petitioner a payment of $136,168.18 as follows: a. a lump sum payment of $135,000.00 in the form of a check payable solely to petitioner, Bridgette Wiley; b. a lump sum payment of $1,168.18 in the form of a check payable jointly to petitioner, Bridgette Wiley and Georgia Medicaid: Georgia Department of Community Health Circle 75 Parkway Suite 650 Atlanta, GA 30339 representing compensation for satisfaction of the State of Georgia Medicaid lien.3 These amounts represent 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) BRIDGETTE WILEY, ) ) Petitioner, ) ) No. 15-141V v. ) Chief Special Master Vowell ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ___________________________________ ) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION Respondent hereby submits the following proffer for the award on compensation.

I. Items of Compensation A. Pain and Suffering Respondent proffers that Petitioner should be awarded a lump sum of $135,000.00 for Petitioner’s actual and projected pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4). 1 Petitioner agrees.

B. Medicaid Lien Respondent proffers that petitioner should be awarded funds to satisfy the State of Georgia Medicaid lien in the amount of $1,168.18, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Georgia may have against any individual as a result of any Medicaid payments the State of Georgia has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of judgment in

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 lost earnings, and future pain and suffering.

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this case as a result of her vaccine-related injury suffered on or about November 21, 2012, under Title XIX of the Social Security Act.

II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $135,000.00 in the form of a check payable to petitioner. In addition, a lump sum payment should be made of $1,168.18, representing compensation for satisfaction of the State of Georgia Medicaid lien, payable jointly to petitioner and Georgia Medicaid: Georgia Department of Community Health Circle 75 Parkway Suite 650 Atlanta, GA 30339 Petitioner agrees to endorse this payment to Georgia Medicaid.

Respectfully submitted, BENJAMIN C. MIZER Principal Deputy Assistant Attorney General RUPA BHATTACHARYYA Director Torts Branch, Civil Division VINCENT J. MATANOSKI Deputy Director Torts Branch, Civil Division LINDA RENZI Senior Trial Counsel Torts Branch, Civil Division

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s/Christine Mary Becer CHRISTINE MARY BECER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146

Date: July 23, 2015