# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 1995 V

Filed: June 7, 2019

UNPUBLISHED

HEATHER LYNCH

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU);

Damages Decision Based on Proffer;

Tetanus Diphtheria acellular

Pertussis (Tdap) Vaccine; Shoulder

Injury Related to Vaccine

Administration (SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA , for petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey

, Chief Special Master:

On December 20, 2017

, p etitioner 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 sho ulder injury related to vaccine

administration ( “ SIRVA ” ) follow ing a tetanus

- diphtheria -ace llular pertussis ( “ Tdap ” )

vaccin ation on July 12, 2 016

. Petition at 1 . The case was assigned to the Special

Processing Unit of the Office of Special Masters.

On April 10, 2019

, a ruling on entitlement was issued , finding petitioner entitled to

compensation for a SIRVA . On June 6, 2019, respondent filed a p roffer on a ward of

compensation (“Proffer”) indicating petitioner should be awarded $ 55,00.00 in actu al

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.

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, the

undersigned agrees that the identified material fits within this definition, the undersigned will redact such

material from public access. Because this unpublished decision contains a reasoned explanation for the

actio n in this case, undersigned is 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)

.

2 National 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).2 and projected pain and suffering, $49.87 for past unreimbursable expenses, and

$2,971.02 for full satisfaction of 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 award s

petitioner :

a. A lump sum payment of $ 55,049.87 in the form of a check payable to

petitioner, Heather Lynch (consisting of $ 55,00.00 for pain and suffering

and $49.87 for unreimbursable expense s)

. This amount represents

compensation for all damages that would be available under § 300aa

- 15(a)

, except as set forth in paragraph b; and

,

b. A lump sum payment of $ 2,971.02 , representing compensation for

satisfaction of a lien for services rendered on behalf of petitioner , in the

form of a check payable jointly to petitioner and

Meridian Resource Company LLC

Attn: Subrogation Dep artment

P.O. Box 659940

San Antonio, TX 78265

- 9939

File No. 75538498

Petitioner agrees to endorse this payment to the appropriate State agency.

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.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

HEATHER LYNCH

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 1 7

- 1995 V

Chief Special Master Dorsey

ECF

PROFFER ON AWARD OF DAMAGES

On December 20, 2017

, Heather Lynch (“petitioner”) filed a petition for compensation

(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa

- 1 to

-

34 (“Vaccin e Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to

compensation in his Rule 4(c) Report filed o n April 5, 2019

. Based on Respondent’s Rule 4(c)

Report the Chief Special Master found petitioner entitled to compensation.

I. Items of Compensation

A

. Pain and Suffering

Respondent proffers that petitioner should be awarded $55,0 00.00 in actual and projected

pain and suffering. This amount reflects that any award for projected pain and suffering has

been reduced to net prese nt value. See 42 U.S.C. § 300aa

- 15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursable

expenses related to her vaccine

- related injury. Respondent proffers that petitioner should be

awarded past unreimbursable expenses in the amount of $ 49.87 . Petitioner agrees.2 C

. Medicaid Lien

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

Maryland Medicaid lien in the amount of $2,971.02

, which represents full satisfaction of any

right of subrogation, assignment, claim, lien, or cause of action the State of Maryland may have

against any individual as a result of any Medicaid payments the State of Maryland 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 vaccine

- related injury suffered on or about July 12, 2016,

under Title XIX of the Social Security Act. Petitioner agr ees.

II. Form of the Award

Respondent recommend s that compensation provided to petitioner through the lump sum

payments as described below and request s that the Chief Special Master’s decision and the

Court’s judgment award the following:

a. A lump sum of $55,049.87 , representing compensation for pain and suffering

($55,000.00) and past unreimbursable expenses ($49.87), in the form o f a check

payable to petitioner. 1 This amount represents compensation for all damages that

would be available under 42 U.S.C. §300aa

- 15(a), except as set forth in paragraph

II.b; and

b. A lump sum of $ 2,971.02

, which amount represents reimbursement of a lien for

services rendered on behalf of petitioner, in the form of a check payable jointly to

petitioner 2 and

Meridian Resource Company LLC

Attn: Subrogation Department

PO Box 659940

San Antonio, TX 78265

- 9939

File No.: 75538498

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

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.

2 Petitioner agree s to endorse this payment to the appropriate State agency.3 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/ Jennifer L. Reynaud

JENNIFER L. REYNAUD

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

- 1586

Date: June 6 , 2019