In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 16-1337V 

Filed: April 11, 2018

UNPUBLISHED

MARGUERITE ACKER, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Damages Decision Based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

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

Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES1

Dorsey, Chief Special Master:

On October 13, 2016, Marguerite Acker (“petitioner”) 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 shoulder 

injuries from an influenza (“flu”) vaccination administered on October 16, 2015. Petition 

at preamble. The case was assigned to the Special Processing Unit (“SPU”) of the 

Office of Special Masters.

On May 12, 2017, a ruling on entitlement was issued, finding petitioner entitled to 

compensation for her shoulder injuries. On April 11, 2018, respondent filed a proffer on 

award of compensation (“Proffer”) indicating petitioner should be awarded $100,000.00, 

which represents all elements of compensation to which petitioner would be entitled 

under § 15(a); funds to satisfy in full the State of Michigan Medicaid lien in the amount 

of $182.31, and funds to satisfy in full the Molina Healthcare of MI Medicaid lien in the 

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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

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

§ 300aa (2012).
2

amount of $3,925.46. Proffer at 1-2. In the Proffer, respondent represented that 

petitioner agrees with the proffered award. 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 awards 

the following compensation:

1. A lump sum payment of $100,000.00 in the form of a check payable to 

petitioner, Marguerite Acker. This amount accounts for all elements of

compensation under § 15(a) to which petitioner would be entitled; and 

2. A lump sum payment of $182.31, representing compensation for satisfaction of 

the State of Michigan Medicaid lien, payable jointly to petitioner and to:

Michigan Department of Health and Human Services

P.O. Box 30435

Lansing, MI 48909-7979

Attn: 3rd Party Liability Division

Member: Marguerite Acker

Medicaid ID#: 0021504523

Petitioner agrees to endorse this payment to the Michigan Department of Health 

and Human Services; and

3. A lump sum payment of $3,925.46, representing compensation for satisfaction 

of the Molina Healthcare of MI Medicaid lien, payable jointly to petitioner and to:

Equian, LLC

P.O. Box 771932

Detroit, MI 48277-1932

Member: Marguerite Acker

Equian File No.: 822569-113017

Petitioner agrees to endorse this payment to Equian, LLC.

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

MARGUERITE ACKER, )

)

Petitioner, ) No. 16-1337V

) Chief Special Master 

v. ) Nora Beth Dorsey

) ECF 

SECRETARY OF HEALTH )

AND HUMAN SERVICES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On October 13, 2016, Marguerite Acker (“petitioner”) filed a petition for 

compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 

U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or “Act”), as amended. Respondent conceded 

petitioner’s entitlement to compensation in his Rule 4(c) Report filed on May 12, 2017. 

Based on Respondent’s Rule 4(c) Report, that same day, the Chief Special Master found 

petitioner entitled to compensation.

I. Items of Compensation 

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

awarded $100,000.00, which represents all elements of compensation to which petitioner 

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

Respondent further proffers that petitioner, Marguerite Acker, should be awarded

funds to satisfy, in full, the State of Michigan Medicaid lien in the amount of $182.31,

which funds represent satisfaction of any right of subrogation, assignment, claim, lien, or

cause of action the State of Michigan may have against any individual as a result of any

Medicaid payments the State of Michigan has made to or on behalf of Marguerite Acker
2

from the date of her eligibility for benefits through the date of judgment in this case as a

result of her vaccine-related injury, under Title XIX of the Social Security Act. In 

addition, respondent proffers that petitioner, Marguerite Acker, should be awarded funds

to satisfy, in full, the Molina Healthcare of MI Medicaid lien in the amount of $3,925.46,

which funds represent satisfaction of any right of subrogation, assignment, claim, lien, or

cause of action the Molina Healthcare of MI may have against any individual as a result

of any Medicaid payments the Molina Healthcare of MI has made to or on behalf of 

Marguerite Acker from the date of her eligibility for benefits through the date of judgment

in this case as a result of her vaccine-related injury, under Title XIX of the Social Security

Act.

II. Form of the Award

The parties recommend that the compensation provided to Marguerite Acker 

should be made through three lump sum payments as described below, and request that 

the special master’s decision and the Court’s judgment award the following:1

(1) A lump sum payment of $100,000.00 in the form of a check payable to 

petitioner, Marguerite Acker. This amount accounts for all elements of 

compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be 

entitled; and 

(2) A lump sum payment of $182.31, representing compensation for satisfaction

of the State of Michigan Medicaid lien, payable jointly to petitioner and to:

Michigan Department of Health and Human Services

P. O. Box 30435

Lansing, MI 48909-7979

Attn: 3rd Party Liability Division

Member: Marguerite Acker

Medicaid ID#: 0021504523

 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 and future pain and suffering.
3

Petitioner agrees to endorse this payment to the Michigan Department of Health and 

Human Services; and

(3) A lump sum payment of $3,925.46, representing compensation for satisfaction

of the Molina Healthcare of MI Medicaid lien, payable jointly to petitioner and 

to:

Equian, LLC

P. O. Box 771932

Detroit, MI 48277-1932

Member: Marguerite Acker

Equian File No.: 822569-113017

Petitioner agrees to endorse this payment to Equian, LLC. 

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

case.

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

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division
4

 s/Althea Walker Davis 

ALTHEA WALKER DAVIS

Senior Trial Counsel

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station

Washington, D.C. 20044-0146

Tel: (202) 616-0515

DATED: 11 April 2018