In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-653V
Filed: January 9, 2015
Not for Publication
*************************
JUNE REED, on behalf of *
M.C., a minor child *
*
Petitioner, * Damages Decision Based on Proffer;
* Rotavirus; Intussusception
v. *
*
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*************************
Amber Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Justine Daigneault, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES 1
Vowell, Chief Special Master:
On July 24, 2014, June Reed filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq, 2 [the “Vaccine
Act” or “Program”] on behalf of her minor daughter, M.C. The petition alleges that as a
result of the administration of a rotavirus vaccination on December 3, 2013, M.C.
suffered an intussusception which required surgical intervention. (Petition (ECF No. 1)
at pp. 1-2.)
On October 28, 2014, I issued a ruling on entitlement, finding petitioner entitled to
compensation. (See Ruling on Entitlement (ECF No. 17).) On January 7, 2015,
respondent filed a proffer on award of compensation (“Proffer”) detailing compensation
1
Because this unpublished decision contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002). In accordance with Vaccine Rule
18(b), petitioners have 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, 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).
for M.C.’s actual and projected pain and suffering, past unreimbursable expenses
related to M.C.’s vaccine-related injury, and a Medicaid lien. According to respondent’s
Proffer, petitioner agrees to the proposed award of compensation. 3 Pursuant to the
terms stated in the attached Proffer, I award petitioner:
1. A lump sum payment of $35,000.00 in the form of a check payable to
petitioner, June Reed, as guardian/conservator of M.C., for the benefit of
M.C., representing compensation M.C.’s pain and suffering 4;
2. A lump sum payment of $119.04 in the form of a check payable to
petitioner, June Reed, representing compensation for past unreimbursable
expenses; and
3. A lump sum payment of $7,990.74 in the form of a check payable jointly
to petitioner, June Reed, and
AMERIGROUP
Attn: Cost Containment Unit
P.O. Box 62509
Virginia Beach, VA 23466,
representing compensation for satisfaction of the State of Louisiana Medicaid
lien. 5
These amounts represent compensation 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. 6
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3
Petitioner’s agreement was also confirmed via e-mail to petitioner’s counsel by the staff attorney
managing this case on January 8, 2015.
4
Per the terms of the proffer “no payments shall be made until petitioner provides respondent with
documentation establishing that she has been appointed as guardian/conservator of MC’s estate.”
5
Petitioner agrees to endorse this payment to AMERIGROUP.
6
Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
Case 1:14-vv-00653-UNJ Document 22 Filed 01/07/15 Page 1 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JUNE REED, on Behalf of MC, )
a Minor Child, )
)
Petitioner, )
) No. 14-653V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For the purposes of this proffer, the term “vaccine-related” is as described in
Respondent’s Rule 4(c) Report filed on October 28, 2014.
A. Future Unreimbursable Expenses
The parties agree that based upon the evidence of record, MC will not require future care
for her vaccine-related injury. Therefore, respondent proffers that petitioner should be awarded
no future unreimbursable expenses under 42 U.S.C. § 300aa-15(a)(1). Petitioner agrees.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, MC will be gainfully employed
in the future. Therefore, respondent proffers that petitioner should be awarded no anticipated
loss of earnings under 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that MC should be awarded $35,000.00 in actual and projected pain
Case 1:14-vv-00653-UNJ Document 22 Filed 01/07/15 Page 2 of 4
and suffering. This amount reflects that the award for projected pain and suffering has been
reduced to net present value. 1 See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
D. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to MC’s vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $119.04. Petitioner agrees.
E. Medicaid Lien
Respondent proffers that MC should be awarded funds to satisfy the State of Louisiana
Medicaid lien in the amount of $7,990.74, which represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action the State of Louisiana may have against
any individual as a result of any Medicaid payments the State of Louisiana has made to or on
behalf of MC from the date of her eligibility for benefits through the date of judgment in this
case as a result of her vaccine-related injury suffered on or about December 3, 2013, under
Title XIX of the Social Security Act.
II. Form of the Award
The parties recommend that compensation provided to MC should be made through lump
sum payments as described below and request that the Chief Special Master’s decision and the
Court’s judgment award the following:
A. A lump sum payment of $35,000.00, representing compensation for pain and
suffering, in the form of a check payable to petitioner as guardian/conservator of MC, for the
benefit of MC. No payments shall be made until petitioner provides respondent with
documentation establishing that she has been appointed as guardian/conservator of MC’s estate.
1
Should MC die prior to entry of judgment, the parties reserve the right to move the Court for
appropriate relief.
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Case 1:14-vv-00653-UNJ Document 22 Filed 01/07/15 Page 3 of 4
If petitioner is not authorized by a court of competent jurisdiction to serve as
guardian/conservator of the estate of MC, any such payment shall be made to the party or parties
appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of
MC upon submission of written documentation of such appointment to the Secretary.
B. A lump sum payment of $119.04, representing compensation for past
unreimbursable expenses, payable to June Reed, petitioner.
C. A lump sum payment of $7,990.74, representing compensation for satisfaction of
the State of Louisiana Medicaid lien, payable jointly to petitioner and
AMERIGROUP
Attn: Cost Containment Unit
P.O. Box 62509
Virginia Beach, VA 23466
Petitioner agrees to endorse this payment to the above payee.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner as guardian/conservator of
MC’s estate: $35,000.00
B. Lump sum paid to petitioner: $ 119.04
C. Reimbursement for Medicaid Lien: $ 7,990.74
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Tort Branch, Civil Division
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Case 1:14-vv-00653-UNJ Document 22 Filed 01/07/15 Page 4 of 4
ALTHEA W. DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
s/ Justine Daigneault
JUSTINE E. DAIGNEAULT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 307-6393
Dated: January 7, 2015
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