# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1337 V

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UNPUBLISHED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 DAMAGES 1

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. Petit ion

a t 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

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

, which represents all elements o f 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 intend s 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 agree s 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 award s

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: 3 rd 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

Equi an 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. 1 6

- 1337 V

) Chief Special Master

v. ) Nora Beth Dorsey

) ECF

SECRETARY OF HEALTH )

AND HUMAN SERVI CES, )

)

Respondent. )

)

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

O n October 13, 2016

, Marguerite Acker (“petitioner”) filed a petition for

compensation (“Petition”) under the National Childhood Vaccine Injury Act of 198 6, 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 Mast er found

petitioner entitled to compensation.

I. Items of Compensation

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

awarde d $ 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 h a s made to or on behalf of Marguerite Acker2 from the date of her elig ibility 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, i n 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 resul t

of any Medicaid payments the Molina Healthcare of MI h a s 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 So cial 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 paya ble 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 lum p sum payment of $ 182.31

, representing compensation for satisfaction

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

Michigan Department of Health and Human Services

P. O. Box 30435

Lansing, MI 4890 9

- 7979

Attn: 3 rd Party Lia bility Division

Member: Marguerite Acker

Medicaid ID#: 0021504523

1 Should petitioner die prior to ent ry 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 M olina Healthcare of MI Med icaid 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, Ci vil Division

CATHARINE E. REEVES

Deputy Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Assistant Director

Torts Branch, Civil Division4 s/Althea Walker Davis

ALTHEA WALKER DAVIS

Senior T rial 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