# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16 -0847V

Filed: January 9, 2018

UNPUBLISHED

DEBORAH ALDORA

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Influenza (Flu) Vaccine; Guillain

Barre Syndrome (GBS)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.

Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On July 19, 2016, petitioner filed a petition for compensation under the National

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Va ccine

Act”). Petitioner alleged that she suffered Guillain-Barré Syndrome (“GBS”) resulting

from the influenza vaccine she received on September 17, 2015. Petition at 1, ¶¶ 2, 18

. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 20, 2017, a ruling on entitlement was issued, finding petitioner entitled to

compensation for her GBS. On January 9, 2018, respondent filed a proffer on award of

compensation (“Proffer”) indicating the total amount of $434,629.39 should be awarded

as follows: a lump sum payment in the form of a check made payable to petitioner in the

amount of $264,000.00

, (representing $88,510.00 for past and future lost wages,

$412.40 for past unreimburseable expenses, and $175,0 77 .60 for past and future pain

and suffering) and a lump sum payment in the form of a check made payable to

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for

e ase of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

petitioner and the Illinois Department of Healthcare and Family Services in the amount

of $170,629.39 (representing full satisfaction of the State of Illinois Medicaid lien).

Proffer at 2. In the Proffer, respondent represented that petitioner agrees with the

proffered award. Id. at 1. 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 award s

petitioner payment as follows:

1. A lump sum payment of $264,000.00 , representing $88,510.00

for past and future lost wages, $412.40 for past unreimburseable expenses, and

$175,077.60 for past and future pain and suffering

, in the form of a check payable to

petitioner ; and

2. A lump sum of $170,629.39, which amount represents

reimbursement of Medicaid lien, in the form of a check payable jointly to petitioner

and

Illinois Department of Healthcare and Family Services

Bureau of Collections

Technical Recovery Section

P.O. Box 19174

Springfield, Illinois 62794-9174

Attn: Kevin Thorton

Case No. 94-024-0000055208

Petitioner agrees to endorse this check to the State of Illinois.

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.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

____________________________________ )

DEBORAH ALDORA, )

)

)

Petitioner, )

) No. 16

- 847V

v. ) Chief Special Master Dorsey

) ECF

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

____________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On July 7

, 2017 , the Chief Special Master issued a Ruling on Entitlement finding that

petitioner is e ntitled to vaccine compensation. Respondent proffers based on the evidence in

the record that petitioner should be awar ded $264,000.00 plus $170,629.39 for

reimbursement of a Medicaid lien

. This amount represents all elements of compensation

to which petitioner would be entitled under 42 U.S.C. § 300aa

- 15(a). Petitioner agrees.

II. Items of Compensation and Form of the Award

The parties recommend that the compensation provided to pet itioner should be made

through lump sum payment s as described below, and request that the Chief Special

Master’s decision and the Court’s judgment award the following: 1

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 f or

future medical expenses, future lost earnings, and future pain and suffering.A. Petitioner’s Damages

A lump sum payment of $ 264, 000.00 (representing $88,510.00 for past

and future lost wages; $412.40 for past unreimbursed expenses; and $175,077.60

for past and future pain and suffering) , in the form of a check payabl e to

petitioner, Deborah Aldora . This amount accounts for all elements of

compensation under 42 U.S.C. § 300aa

- 15(a) to which petitioner would be

entitled.

B. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy the State of

Illinois Medicaid lien in the amount of $ 170,629. 39 , which represents full satisfacti on of

any right of subrogation, assignment, claim, lien, or cause of action the state of Illinois

may have against any individual as a result of any Medicaid payments th at the State of

Illinois has made to or on behalf of Deborah Aldora from the date of h e r eligibility for

benefits through the date of judgment in this case as a result of h er vaccine

- related injury

suffered on or about September 17, 2015 , under Title XIX of the Social Security Act.

Reimbursement of the State of Illinoi s lien shall be made through a lump sum payment of

$ 170,629.39 , representing compensation for satisfaction of the State of Illinois lien,

payable jointly to petitioner

, and

Illinois Department of Healthcare and Family Services

Bureau of Collections

Techn ical Recovery Section

P.O. Box19174

Springfield, Illinois 62794

- 9174

Attn: Kevin Thorton

Case No. 94

- 024

- 0000055208

Petitioner agree s to endorse this payment to the State of Illinois.C. Guardianship

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

III. Summary of Recomme nded Payments Following Judgment

A. Lump sum paid to petitioner $264,000.00

B. Reimbursement of Medicaid lien $170,629.39

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

GABRIELLE M. FIELDING

Assistant Director

Tor ts Branch, Civil Division

s/Linda S. Renzi

LINDA S. RENZI

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

Ben Franklin Station, P.O. Box 146

Washington, D.C. 20044

- 0146

Tel.: (202) 616

- 4133

DATE: January 9

, 2018