Thompson v. Secretary of Health and Human Services ( 2017 )


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  •         In the United States Court of Federal Claims
    OFFICE OF SPECIAL MASTERS
    No. 16-0675V
    Filed: May 23, 2017
    Unpublished
    ****************************
    GREGORY THOMPSON,                         *
    *
    Petitioner,          *      Damages Decision Based on Proffer;
    v.                                        *      Influenza (“Flu”) Vaccine; Shoulder
    *      Injury Related to Vaccine Administration
    SECRETARY OF HEALTH                       *      (“SIRVA”); Special Processing Unit
    AND HUMAN SERVICES,                       *      (“SPU”)
    *
    Respondent.          *
    *
    ****************************
    Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
    Lynn E. Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
    DECISION AWARDING DAMAGES 1
    Dorsey, Chief Special Master:
    On June 8, 2016, Gregory Thompson (“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 alleged that he sustained left
    shoulder injuries from an influenza (“flu”) vaccination he received on September 8,
    2014. The case was assigned to the Special Processing Unit (“SPU”) of the Office of
    Special Masters.
    On December 1, 2016, the undersigned issued a ruling on entitlement, finding
    petitioner entitled to compensation for a shoulder injury related to vaccine administration
    (“SIRVA”). On May 22, 2017, respondent filed a proffer on award of compensation
    (“Proffer”) indicating petitioner should be awarded $120,000.00. Proffer at 1. In the
    Proffer, respondent represented that petitioner agrees with the proffered award. 
    Id. 1 Because
    this unpublished decision contains a reasoned explanation for the action in this case, the
    undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
    the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
    Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
    identify and move to redact medical or other information, the disclosure of which would constitute an
    unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
    within this definition, the undersigned will redact such material from public access.
    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 (2012).
    Respondent further proffers that petitioner should be awarded funds to satisfy, in
    full, the Commonwealth of Pennsylvania Medicaid lien in the amount of $14,277.85,
    which represents satisfaction of any right of subrogation, assignment, claim, lien, or
    cause of action the Commonwealth of Pennsylvania may have against any individual as
    a result of any Medicaid payments the Commonwealth of Pennsylvania has made to or
    on behalf of petitioner from the date of his eligibility for benefits through the date of
    judgment in this case as a result of his vaccine-related injury, under Title XIX of the
    Social Security Act. Proffer at 1.
    Based on the record as a whole, the undersigned finds that petitioner is entitled
    to an award as stated in the Proffer. Thus, pursuant to the terms stated in the attached
    Proffer, the undersigned awards petitioner the following:
    (1) A lump sum payment of $120,000.00 in the form of a check payable to
    petitioner, Gregory Thompson. This amount accounts for all elements of
    compensation under § 300aa-15(a) to which petitioner would be entitled; and
    (2) A lump sum payment of $14,277.85, representing compensation for
    satisfaction of the Commonwealth of Pennsylvania Medicaid lien,
    payable jointly to petitioner and to
    Department of Human Services
    Bureau of Program Integrity
    Division of Third Party Liability/Recovery Section
    P.O. Box 8486
    Harrisburg, Pennsylvania 17105-8486
    Attn.: Mark Schappell/TPL Program Investigator
    Petitioner agrees to endorse this payment to the Pennsylvania Department of
    Human Services.
    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
    3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
    renouncing the right to seek review.
    2
    IN THE UNITED STATES COURT OF FEDERAL CLAIMS
    OFFICE OF SPECIAL MASTERS
    GREGORY THOMPSON,
    Petitioner,
    v.                                                     No. 16-675V
    Chief Special Master Dorsey
    SECRETARY OF HEALTH AND                                ECF
    HUMAN SERVICES,
    Respondent.
    RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
    Respondent proffers that, based on the evidence of record, petitioner, Gregory
    Thompson, should be awarded $120,000.00. This amount represents all elements of
    compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner
    agrees.
    Respondent further proffers that petitioner, Gregory Thompson, should be awarded funds
    to satisfy, in full, the Commonwealth of Pennsylvania Medicaid lien in the amount of
    $14,277.85, which represents satisfaction of any right of subrogation, assignment, claim, lien, or
    cause of action the Commonwealth of Pennsylvania may have against any individual as a result
    of any Medicaid payments the Commonwealth of Pennsylvania has made to or on behalf of
    Gregory Thompson from the date of his eligibility for benefits through the date of judgment in
    this case as a result of his vaccine-related injury, under Title XIX of the Social Security Act.
    I.      Form of the Award:
    The parties recommend that the compensation provided to Gregory Thompson should be
    made through two lump sum payments as described below, and request that the Chief Special
    Master’s decision and the Court’s judgment award the following:1
    (1) A lump sum payment of $120,000.00 in the form of a check payable to petitioner,
    Gregory Thompson. This amount accounts for all elements of compensation under
    42 U.S.C. § 300aa-15(a) to which petitioner would be entitled; and
    (2) A lump sum payment of $14,277.85, representing compensation for satisfaction of the
    Commonwealth of Pennsylvania Medicaid lien, payable jointly to petitioner and to:
    Department of Human Services
    Bureau of Program Integrity
    Division of Third Party Liability/Recovery Section
    P.O. Box 8486
    Harrisburg, Pennsylvania 17105-8486
    Attn.: Mark Schappell/TPL Program Investigator
    Petitioner agrees to endorse this payment to the Pennsylvania Department of Human Services.
    Petitioner is a competent adult. Evidence of guardianship is not required in this case.
    Respectfully submitted,
    CHAD A. READLER
    Acting Assistant Attorney General
    C. SALVATORE D’ALESSIO
    Acting Director
    Torts Branch, Civil Division
    CATHARINE E. REEVES
    Deputy Director
    Torts Branch, Civil Division
    1
    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 and future pain and suffering.
    2
    ALEXIS B. BABCOCK
    Assistant Director
    Torts Branch, Civil Division
    /s/ Lynn E. Ricciardella
    LYNN E. RICCIARDELLA
    Senior 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) 616-4356
    Dated: May 22, 2017
    3
    

Document Info

Docket Number: 16-675

Judges: Nora Beth Dorsey

Filed Date: 12/18/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021