Nilsen v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 14-0968V Filed: October 6, 2015 UNPUBLISHED

**************************** PAULA NILSEN, *

* Petitioner, * Damages Decision Based on Proffer;

* Tetanus Diphtheria (“Td”) Shoulder * Vaccine; Injury Related to Vaccine

SECRETARY OF HEALTH * Administration SIRVA; Special AND HUMAN SERVICES, * Processing Unit (“SPU”)

* Respondent. *

* **************************** Danielle Anne Strait, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On October 8, 2015, Paula Nilsen (“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 alleges that she suffered a shoulder injury which was caused by a tetanus diphtheria (“Td”) vaccine she received on March 14, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 9, 2015, a ruling on entitlement was issued, finding that petitioner was entitled to compensation. On October 6, 2015, respondent filed a proffer on award of compensation [“Proffer”] stating that petitioner should be awarded $128,516.11. Proffer at 1. According to respondent’s Proffer, petitioner agrees to the proposed award of compensation.

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner:

a) A lump sum of $125,000.00, in the form of a check payable to petitioner,

Paula Nilsen, and b) A lump sum of $3,516.11, in the form of a check payable to petitioner and

Optum, in satisfaction of a Medicaid lien from the State of Minnesota. Petitioner agrees to endorse this check to Optum. 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.3 s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

************************************* PAULA NILSEN, *

* Petitioner, * No. 14-968V

* CHIEF SPECIAL MASTER v. * NORA BETH DORSEY

*

SECRETARY OF HEALTH AND * HUMAN SERVICES, *

*

Respondent. *

*************************************

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

For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c) Report, filed on January 8, 2015, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner should be awarded $128,516.11. This represents all elements of competition to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through lump sum payments described below, and request that the Chief Special Master’s decision and the Court’s judgment award the following:

a) A lump sum of $125,000.00 in the form of a check payable to petitioner, Paula

Nilsen, and b) A lump sum of $3,516.11 in the form of a check made payable to petitioner and

Optum, in satisfaction of a Medicaid lien from the State of Minnesota. Petitioner agrees to endorse this check to Optum.

These amounts account 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, 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 S. RENZI Senior Trial Counsel Torts Branch, Civil Division /s/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181

Dated: October 6, 2015 Fax: (202) 353-2988