# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-0875V

Filed: August 8, 2017

UNPUBLISHED

JON MARTIN,

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)

Maximillian J. Muller, 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 July 25, 2016, Jon Martin (“petitione r”) filed a petition for compensation under

the National Vaccine Injury Compens ation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the

“Vaccine Act”). Petitioner alleges that he received an influenza (“flu”) vaccine in his left

arm on October 10, 2015, and subsequently suffe red an injury to his left shoulder

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

Processing Unit of the Offi ce of Special Masters.

On February 9, 2017, a ru ling on entitlement was i ssued, finding petitioner

entitled to compensation for SIRVA. On August 8, 2017, respondent filed a proffer on

award of compensation (“Proffe r”) indicating petitioner should be awarded a lump sum

of $70,000.00, for his actual and proj ected pain and suffering, and $1,430.87,

representing compensation for satisfaction of t he State of Nevada Medicaid lien. Proffer

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 at 1-2. In the Proffer, respondent represented that petiti oner agrees with the proffered

award. Based on the record as a whole, t he undersigned finds that petitioner is entitled

to an award as stated in the Proffer.

Pursuant to the terms stat ed in the attached Proffer, the undersigned awards

the following:

A. A lump sum payment of $70,000.00, in the form of a check payable to

petitioner, Jon Martin.

B. A lump sum payment of $1,430.87, representing compensation for

satisfaction of the State of Nevada Medi caid lien, payable joint to petitioner

and

State of Nevada

Department of Health and Human Services

Division of Health Care Financing and Policy

HMS NV Casualty Unit

P.O. Box 167487

Irving, TX 75016

Medicaid#: 00001769855

Petitioner agrees to endorse this payment to the State of Nev ada. These amounts

represent compensation for a ll damages that would be ava ilable 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

_________________________________________ )

JON MARTIN, )

)

Petitioner, )

) No. 16

- 875 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. Pain and Suffering

Respondent proffers that the Court should award Jon Martin a lump sum of $ 70 ,000.00

for his actual and projected pain and suffering. This amount reflects that the award for projected

pain and suffering has been reduced to net present value. See § 300aa

- 15(a)(4). Petitioner

agrees.

B. Medicaid Lien

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

Nevada lien in the amount of $ 1,430.87 , which represents full satisfaction of any right of

subrogation, assignment, claim, lien, or cause of action the State of Nevada may have against

any individual as a re sult of any Medicaid payments the State of Nevada has made to or on

behalf of Jon Martin from the date of his eligibility for benefits through the date of judgment in2

this case as a result of his vaccine

- related injury suffered on or about October 10, 2015 , under

Title XIX of the Social Security Act.

II. Form of the Award

The parties recommend that the compensation provided to Jon Martin should be made

through a combination of lump sum payments as described below, and request that the Chief

Special Master’s d ecision and the Court’s judgment award the following: 1

A. A lump sum payment of $ 70,000.00 , representing pain and suffering in the form

of a check payable to petitioner, Jon Martin

.

B

. A lump sum payment of $ 1,430.87 , representing compensation for satisfaction of

the State of Nevada Medicaid lien, payable jointly to petitioner and

State of Nevada

Department of Health and Human Services

Division of Health Care Financing and Policy

HMS NV Casualty Unit

P.O. Box 167487

Irving, TX 75016

Medicaid#: 00001769855

Petitioner agrees to endorse this payment to the State of Nevada

.

III. Summary of Recommended Payment s Following Judgment

A. Lump Sum paid to petitioner, Jon Martin: $ 70,000.00

B. Medicaid Lien

, pa id jointly to petitioner and

State of Nevada : $ 1,430.87

1 Should petitioner die prior to entry of judgment, respondent reserves the right to move

the Court for appropriate relief. In particular, respondent wo uld oppose any award for future

pain and suffering.3 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

ALEXIS B. BABCOCK

Assistant Director

Torts Branch, Civil Division

/s/ Claudia B. Gangi

CLAUDIA B. GANGI

Senior Trial Att orney

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: August 8 , 2017