United States Court of Federal Claims, 2017

Dighero v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided November 13, 2017 · Mindy Michaels Roth

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-22V

Filed: October 19, 2017 * * * * * * * * * * * * * * *

OSCAR A DIGHERO, * UNPUBLISHED *

Petitioner, * Decision Awarding Damages; v. * Guillain-Barre Syndrome (“GBS”); * Influenza (“Flu”) Vaccine. SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * * * * * * * * * * * * * * *

Diana Stadelnikas, Esq., Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner. Lisa Watts, Esq., U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Roth, Special Master:

On January 8, 2015, Oscar A. Dighero (“Mr. Dighero,” or “petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that he developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza vaccination on November 25, 2013. See Petition (“(Pet.”), at ¶¶1-21. Respondent thereafter filed a report pursuant to Vaccine Rule 4(c) electing not to contest entitlement to compensation. Respondent’s Report at 4, ECF No. 38.

A Ruling on Entitlement was issued on August 9, 2017. ECF No. 39. Respondent filed a proffer on October 19, 2017, agreeing to issue the following payments: (1) A lump sum of $683,309.66, representing compensation for life care expenses expected to be incurred during the first year after judgment ($188,991.75), lost earnings ($204,464.46), pain and suffering ($250,000.00), and past unreimbursable expenses ($39,853.45), in the form of a check payable to petitioner, Oscar A. Dighero; (2) An amount sufficient to purchase an annuity contract, described in section II.C of respondent’s proffer; and (3) A lump sum payment of $243,584.82, representing compensation for satisfaction of the State of California Medicaid lien, payable jointly to petitioner and

Department of Health Care Services Recovery Branch – MS 4720 P.O. 997421

Sacramento, CA 95899-7421 DHCS Account No.: C93268482C-VAC02 Attn: Class Action Unit Petitioner agrees to endorse this payment to the Department of Health Care Services Recovery Branch. This amount represents compensation for all damages that would be available under § 300aa-15(a).

I adopt the proffer and its Appendix A attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this decision 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 (2012)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I will delete such material from public access. 2 National 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). 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.

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