Wilson v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-877V Filed: August 1, 2019 UNPUBLISHED

TIFFANY WILSON,

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.

Andrew Donald Downing, Van Cott & Talamante, PLLC, for petitioner.

Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On June 20, 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 the influenza (“flu”) vaccine she received on October 24, 2017. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 10, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her SIRVA. On August 1, 2019, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $80,000.00, as well as $2,160.96 to satisfy a Medicaid lien. Proffer at 1-2. 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 the following compensation, which represents compensation for all damages that would be available under § 15(a):

1. A lump sum payment of $80,000.00, representing compensation for actual and projected pain and suffering, in the form of a check payable to Tiffany Wilson; and

2. A lump sum payment of $2,160.96, representing compensation for satisfaction of the Mercy Maricopa Integrated Care Medicaid lien, in the form of a check payable jointly to petitioner and to:

Equian, LLC PO Box 32140 Louisville, KY 40232-2140 File No.: 970539-175418

Petitioner agrees to endorse this payment to Equian, LLC.

The clerk of the court is directed to enter judgment in accordance with this decision.3 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 )

TIFFANY WILSON, )

)

Petitioner, )

) No. 18-877V v. ) Chief Special Master Dorsey

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

)

Respondent. )

)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On June 20, 2018, Tiffany Wilson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), alleging that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of an influenza vaccine she received on October 24, 2017. Petition at 1, ¶ 11. On May 9, 2019, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on May 10, 2019. ECF No. 30; ECF No. 31.

I. Items of Compensation

A. Pain and Suffering Respondent proffers that Tiffany Wilson should be awarded $80,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Satisfaction of Medicaid Lien Respondent further proffers that Tiffany Wilson should be awarded funds to satisfy a Mercy Maricopa Integrated Care (“MMIC”) Medicaid lien in the amount of $2,160.96, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action MMIC may have against any individual as a result of any Medicaid payments that MMIC has made to or on behalf of Tiffany Wilson from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 24, 2017, under Title XIX of the Social Security Act. Petitioner agrees. II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to petitioner be made through two lump sum payments as described below:

1) A lump sum payment of $80,000.00 in the form of a check payable to petitioner.1 2) A lump sum payment of $2,160.96, representing compensation for satisfaction of the MMIC Medicaid lien, payable jointly to petitioner and to:

Equian, LLC PO Box 32140 Louisville, KY 40232-2140 File No.: 970539-175418

Petitioner agrees to endorse this payment to Equian, LLC.

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 ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Sarah C. Duncan Sarah C. Duncan 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) 514-9729 Fax: (202) 616-4310

DATED: August 1, 2019