# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1613 V
UNPUBLISHED

MELISSA HEFFLEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: July 23, 2021

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA , for petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On October 16, 2019

, Melissa Heffley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 (the “Vaccine Act”). On July 14, 2021, Petitioner filed an amended petition. In the amended petitio n, Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on December 7,

2017

. Amended Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 23, 2021

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On July 23, 2021

, R espondent filed a p roffer on a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 52,500.00 f or pain an d suffering and $285.64 to satisfy the State of Washington Medicaid lien

. Proffer at 1

- 2

. In

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the decision will be available to anyone with access to the

internet. 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, I agree that the identified material fits within this definition, I 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 ease

of citatio n, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

the Proffer, R espondent represented that P etitioner agrees with the proffered award. Id.

Based on the record as a whole, I find that P etitioner is entitled to an award as stated in

the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner the following:

• A lump sum payment of $ 52,500.00 in the form of a check payable to

P etitioner ; and

• A lum p sum pa yme nt of $285.64, representing compensation for satisfaction

of the State of Washington Medicaid lien, in the form of a check payable jointly to Petition er and :

OPTUM Washington Apple Health (F i le #41037221)

L

- 3994 Columbus, OH 43260

- 3994

Tax ID : 41

- 1858498

Petitioner agrees to endor se th e check in the amount of $285.64 for satisfaction of

the Medicaid l ien.

Th ese amount s represent compensation for all elem ents of compensation that

w ould be available under § 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran
Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint fil ing of notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MELISSA HEFFLEY

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. 19-1613V Chief Special Master Corcoran

ECF

PROFFER ON AWARD OF COMPENSATION

On May 24, 2021, respondent filed a Vaccine Rule 4(c) report concluding that petitioner

suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,

as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine

administration (“SIRVA”), as defined in the Vaccine Injury Table. ECF No. 19. Accordingly,

on July 23, 2021, the Chief Special Master issued a Ruling on Entitlement. ECF No. 23.

I. Compensation for Vaccine Injury

- Related Items

A. Pain and Suffering

Base d upon the evidence of record, respondent proffers that petitioner should be awarded

a lump sum of $52,500.00

, for pain and suffering, in the form of a check payable to petitioner.

Petitioner agrees.

B. Medicaid Lien

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

Washington Medicaid lien in the amount of $285.64 , which represents full satisfaction of any

right of subrogation, assignment, claim, lien, or cause of action the State of Washington may2 have against any individual as a result of any Medicaid payments the State of Washington has

made to or on behalf of petitioner from the date of her eligibility for benefits through the date of

judgment in this case as a result of her alleged vaccine

- relat ed injury suffered on or about

December 7, 2017 under Title XIX of the Social Security Act.

The above amounts represent all elements of compensation to which petitioner would be

entitled under 42 U.S.C. § 300aa- 15(a). Petitioner agrees.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through

two lump sum payments described below, and request that the Chief Special Master’s decision

and the Court’s judgment award the following: 1

A. A lump sum payment of $52,500.00 in the form of a check payable to petitioner; and

B. A lump sum payment of $285.64 , representing compensation for satisfaction of the State of Washington Medicaid lien, in the form of a check payable jointly to petitioner and:

O PTUM Washington Apple Health (File #: 41037221)

L-3994 Columbus, OH 43260-3994

Tax ID: 41 -1858498

Petitioner agrees to endorse the check in the amount of $285.64 for satisfaction of the

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

case.

Respectfully submitted,

BRIAN M. BOYNTON Acting Assistant Attorney General

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, future pain and suffering, and future lost wages.3 C. SALVATORE D’ALESSIO Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division

DARRYL R. WISHARD

Assistant Director Torts Branch, Civil Division

/s/Camille M. Collett

CAMILLE M. COLLETT 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) 616-4098

E- mail: Camille.M.Collett@usdoj.gov

DATED: July 23, 2021