Czyzewski v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-471V Filed: May 1, 2019 UNPUBLISHED

RITA CZYZEWSKI,

Petitioner, v. Special Processing Unit (SPU);

Damages Decision Based on Proffer; SECRETARY OF HEALTH AND Influenza (Flu) Vaccine; Shoulder HUMAN SERVICES, Injury Related to Vaccine

Administration (SIRVA) Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey, Chief Special Master:

On March 30, 2018, 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”). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on September 13, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On March 21, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for a SIRVA. On April 30, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $112,500.00 and $11,569.44 to satisfy a New Jersey Medicaid lien. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards (1) Petitioner a lump sum payment of $112,500.00 in the form of a check payable to petitioner, Rita Czyzewski. This amount represents compensation for all damages that would be available under § 300aa-15(a); and

(2) A lump sum payment of $11,569.44, representing compensation for satisfaction of the State of New Jersey Medicaid lien, payable jointly to petitioner 3 and to:

Treasurer, State of New Jersey Division of Revenue, Lockbox 656 200 Woolverton Avenue, Bldg. 20 Trenton, NJ 08646 File Number: DMA/57018

The clerk of the court is directed to enter judgment in accordance with this decision. 4 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS RITA CZYZEWSKI,

Petitioner,

No. 18-471V v. Chief Special Master Dorsey

ECF SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent.

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 21, 2019, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on March 21, 2019, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”).

I. Compensation for Vaccine Injury-Related Items

Based on the evidence of record, respondent proffers that petitioner should be awarded $112,500.00. This amount represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioner agrees.

Respondent further proffers that petitioner should be awarded funds to satisfy a State of New Jersey Medicaid lien in the amount of $11,569.44, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New Jersey may have against any individual as a result of any Medicaid payments that the State of New Jersey has made to or on behalf of Rita Czyzewski from the date of her eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury suffered on or about September 13, 2016, under Title XIX of the Social Security Act. Petitioner agrees. II. Summary of Recommended Payments

Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below:

(1) A lump sum payment of $112,500.00 in the form of a check payable to petitioner, 1 and (2) A lump sum payment of $11,569.44, representing compensation for satisfaction of the State of New Jersey Medicaid lien, payable jointly to petitioner and to:

Treasurer, State of New Jersey Division of Revenue, Lockbox 656 200 Woolverton Avenue, Bldg. 20 Trenton, NJ 08646 File Number: DMA/57018

Petitioner agrees to endorse this payment to Treasurer, State of New Jersey.

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

Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division

S/ ASHLEY SIMPSON Ashley Simpson 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) 305-0253 Email: [email protected] Dated: April 30, 2019