# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18-0138V

UNPUBLISHED

MADISON EDWARDS,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: December 13, 2019

Special Processing Unit (SPU);

Decision Awarding Damages; Pain

and Suffering; Meningococcal

Vaccine; Vasovagal Syncope

Damon Louis Beard, Townsley Law Firm , Lake Charles, LA, for petitioner.

Adriana Ruth Teitel, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On January 28, 2019, Madison Edwards filed a petition for comp ensation under

the National Vaccine Injury Com pensation Program, 42 U.S.C. §30 0aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that she suffered a syncopa l episode upon receiving a

meningitis vaccination on January 29, 2016, which resulted in “ injuries, including fractured

jaw, ruptured eardrum, chin lacer ation and fractured teeth.” P etition at Preamble, ¶6. The

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

On October 5, 2019, a ruling on entitlement was issued finding Petitioner entitled

to compensation. On December 12, 2019, Respondent filed a prof fer on award of

compensation (“Proffer”) indica ting Petitioner should be awarde d damages in the amount

$101,287.69, representing compensat ion in the amount of $100,000.00 for actual pain

and suffering, $915.00 for past unreimbursable expenses, and $372.69 for payment of a

Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that P etitioner

1 Because this unpublished ruling contains a reasoned explanatio n for the action in this case, I am required

to post it on the United States Court of Federal Claims' websit e 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 ruling will be available to anyone with access t o the internet. In

accordance with Vaccine Rule 18(b), Petitioner has 14 days to i dentify and move to redact medical or other

information, the disclosure of which would constitute an unwarr anted 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 citation, all “§” referenc es to the Vaccine Act will be to t he pertinent subparagraph of 42 U.S.C. § 300aa

(2012).2 agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner

is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in th e attached Proffer, I award P etitioner the

following:



### a) lump sum payment of $372.69 , representing compensation fo r full satisfaction of

a State of Louisiana M edicaid lien, in the form of a check paya ble jointly to

Petitioner and

AmeriHealth Caritas Medicaid

c/o Discovery Health Partners

2 Pierce Place, Suite 1900

Itasca, IL 60143

Case Number: 95576

Petitioner agrees to endorse this payment to AmeriHealth Carita s Medicaid.



### b) a lump sum of $100,915.00 in the form of a check payable to Petitioner. This

amount represents compensation fo r all remaining damages that w ould be

available under 42 U.S.C. § 300aa-15(a)

The clerk of the court is direct ed to enter judgment in accorda nce 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 exped ited 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

MADISON EDWARDS,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. No. 19

- 138V

Chief Special Master Corcoran (SPU)

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury

- Related Items

On October 4, 2019 , respondent filed a Rule 4(c) Report conceding that petitioner is

entitled to vaccine compensation for h er vasovagal syncope that occurred following receipt of a

meningococcal vaccination. The Chief Special Master’s Ruling on Entitlement, adopting

respondent’s recommendation, was issued the same day.

Based upon the evidence of record, respondent proffers that petitioner 1 should be awarded

$1 0 1,287.69. This is comprised of pain and suffering ($ 100 ,000 .00)

, unreimbursable out of

pocket expenses ( $ 915.00 )

, and pay ment of a Medicaid lien ($372. 69 ), and represents all elements

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

- 15(a). 2 Petitioner

agrees.

1 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.

2 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 II. Form of the Award

Respondent recommends that the compensation provided to petitioner should be made

through:

a) lump sum payment of $ 372.69 , representing compensation for full satisfaction

of a State of Louisiana Medicaid lien, in the form of a check payable jointly to

petitioner and

AmeriHealth Caritas Medicaid

c/o Discovery Health Partners

2 Pierce Place, Suite 1900

Itasca, IL 60143

C ase Number: 95576

Petitioner agree s to endorse this payment to AmeriHealth Caritas Medicaid

.

b) a lump sum of $1 0 0,915.00 in the form of a check payable to petitioner. This

amount represents compensation for all remaining damages that would be

available under 42 U.S.C. § 300aa

- 15(a).

Petitioner agrees.

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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division

/s/ Adriana Teitel

ADRIANA TEITEL

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146, Benjamin Franklin Station

Washington, DC 20044

- 0146

Dated: December 12 , 2019 Tel: (202) 616

- 3677