# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1471V

Filed: June 10, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

JENNIFER LEEDY, *

*

Petitioner, * Damages Decision Based on Proffer;

v. * Influenza (“Flu”) Vaccine; Tendinopathy;

* Shoulder Injury Related to Vaccine

SECRETARY OF HEALTH * Admi nistration (“SIRVA”); Special

AND HUMAN SERVICES, * Processing Unit (“SPU”)

*

Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

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

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

Dorsey , Chief Special Master:

On December 4, 2015, Jennifer Leedy (“petitioner”) filed a petition for

compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C.

§300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffered a shoulder

injury related to vaccine administration (“S IRVA”) as a result of an influenza (“flu”)

vaccine she received on October 1, 2014. Petiti on at 1. The case was assigned to the

Special Processing Unit of the Office of Special Masters.

On April 7, 2016, a ruling on entitlement was issued, find ing petitioner entitled to

compensation. On June 9, 2016, respondent filed a proffer on award of compensation

(“Proffer”) indica ting petitioner should be awarded (a) a lump sum payment of

$106,917.00, representing compensation for pain and suffering ($105,000.00) and lost

earnings ($1,917.00), and (b) a lump sum payment of $4,404.85, representing

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 Cour t 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 inform ation, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, t he 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

ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2012).2 compensation for satisfaction of the State of New Jersey Medica id lien. Proffer at 2-3.

In the Proffer, respondent repr esented that petitioner agrees with the proffered award.

Based on the record as a whole, the undersi gned finds that petitioner is entitled to an

award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards

petitioner the following:

A. A lump sum payment of $106,917.00, representing compensation for

pain and suffering ($105,000.00) and lo st earnings ($1,917.00), in the

form of a check payable to peti tioner, Jennifer Leedy, and

B. A lump sum payment of $4,404.85, representing compensation for

satisfaction of the State of New Jerse y Medicaid line, payable jointly to

petitioner and

Treasurer, State of New Jersey

Health Management Systems, Inc.

P.O. Box 416522

Boston, MA 02241-6522

Medicaid ID: 243027677601

Petitioner agrees to endorse this payment to the State of Jew Jersey.

These amounts represent com pensation for all damages that would be available under

§ 300aa-15(a).

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 c an 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

_________________________________________ )

JENNIFER LEEDY

, )

)

Petitioner, )

) No. 15

- 1471 V

v. ) Chief Special Master Dorsey

) ( ECF )

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. )

__________________________________________)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, petitioner is not entitled to an

award for projected unreimbursable medical care expenses incurred from the date of judgment as

provided under 42 U.S.C. § 300aa

- 15(a)(1)(A). Petitioner agrees.

B. Lost Earnings

The parties agree that based upon the evidence of record, Jennifer Leedy has suffered a

past loss of earnings as a result of her vaccine

- related injury. Therefore, respondent proffers that

the Court should award Jennifer Leedy a lump sum of $1,917.00 for lost earnings as provided

under 42 U.S.C. § 300aa

- 15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award Jennifer Leedy a lump sum of

$ 105 ,000.00 for her actual and projected pain and suffering. T his amount reflects that the award2 for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa

15(a)(4). Petitioner agrees.

D. Past Unreimbursable Expenses

Respondent proffers that based on the evidence of record, petitione r is not entitled to an

award for past unreimbursable expenses as provided under 42 U.S.C. § 300aa

- 15(a)( 1 )(A).

Petitioner agrees.

E. Medicaid Lien

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

New Jersey Medicaid lien in the amount of $4,404.85 , which represents full satisfaction of any

right of subrogation, assignment, claim, lien, or cause of action the State of New Jersey may

have against any individual as a result of any Medicaid payments the State of New Jersey has

made to or on behalf of Jennifer Leedy from the date of h er eligibility for benefits through the

date of judgment in this case as a result of her vaccine

- related injury suffered on or about

October 1, 2014 , under Title XIX of the Social Security Act

. Such compensation shall be in the

form of a lump sum payment as forth in section II. B below. Petitioners agree.

II. Form of the Award

.

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

through two lump sum paymen t 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 for future pain and

suffering.3 A. A lump sum payment of $1 0 6,917.00 , representing compensation for pain and

suffering ($105,000.00) and lost earnings ($1,917.00), in the form of a check payable to

petitioner, Jennifer Leedy

.

B. A lump sum payment of $ 4,404.85 , representing compensation for satisfaction of

the State of New Jersey Medicaid lien, payable jointly to petitioner and

Treasurer, State of New Jersey

Health M anagement Systems, Inc.

P.O. Box 416522

Boston, MA 02241

- 6522

Medicaid ID: 243027677601

P etitioner agrees to endorse this payment to the State of New Jersey

.

III. Summary of Recommended Payment s Following Judgment

A. Lump sum payable to petitioner , Jennifer Leedy : $1 0 6,917 .00

B. Medicaid Lien: $ 4,404.85

Respectfully submitted,

BENJAMIN C. MIZER

Principal Deputy Assistant Attorney General

RUPA BHATTACHARYYA

Director

Torts Branch, Civil Division

CATHARINE E. REEVES

Acting Deputy Director

Torts Branch, Civil Division

GLENN A. MACLEOD

Senior Trial Counsel

Torts Branch, Civil Division4 s/ Claudia B. Gangi

CLAUDIA B. GANGI

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

- 4138

Dated: June 9 , 2016