PAGE v. SECRETARY OF HEALTH AND HUMAN SERVICES

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24-774

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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 24-0774V

RHONA PAGE,

Petitioner, v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran Filed: February 28, 2025 Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES¹

On May 17, 2024, Rhona Page 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 left shoulder injuries related to vaccine administration ("SIRVA") resulting from an influenza vaccine received on October 10, 2022. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 28, 2025, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On February 27, 2025, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $40,000.00 for pain and suffering, in addition to $1,167.70 to satisfy the State of California Medicaid lien. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner agrees with the

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. 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, 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award Petitioner the following:

A. A lump sum payment of $40,000.00 (for pain and suffering), to be paid through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement to Petitioner; and

B. A lump sum payment of $1,167.70, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to Petitioner and:

Department of Health Care Services Personal Injury Program - MS 4720 P.O. Box 997421

Sacramento, CA 95899-7421 Petitioner agrees to endorse the check to the State of California Department of Health Care Services for satisfaction of the Medicaid lien. These amounts represent compensation for all damages that would be available under Section 15(a).

The Clerk of Court is directed to enter judgment in accordance with this decision.³

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran 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.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

___________________________________

)

RHONA PAGE, )

)

Petitioner, ) ) No. 24-774V

v. ) Chief Special Master Corcoran

)

SECRETARY OF HEALTH AND )

HUMAN SERVICES, )

)

Respondent. ) ____________________________________)

PROFFER ON AWARD OF COMPENSATION

On January 24, 2025, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10 to -34, that is, a shoulder injury related to vaccine administration ("SIRVA"), as defined in the Vaccine Injury Table. Accordingly, on January 28, 2025, the Chief Special Master issued a Ruling on Entitlement.

I. Compensation for Vaccine Injury-Related Items

A. Pain and Suffering Based upon the evidence of record, respondent proffers that petitioner should be awarded a lump sum of $40,000.00 for pain and suffering, to be paid through an ACH deposit to petitioner's counsel's IOLTA account. Petitioner agrees.

B. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy the State of California Medicaid lien in the amount of $1,167.70, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the State of California has made to or on behalf of petitioner from the date of her eligibility for benefits through the date of

judgment in this case as a result of her alleged vaccine-related injury suffered on or about October 10, 2022, under Title XIX of the Social Security Act.

The above amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

The parties recommend that compensation provided to petitioner should be made through two lump sum payments described below, and request that the Chief Special Master's decision and the Court's judgment award the following:¹

A. A lump sum payment of $40,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and B. A lump sum payment of $1,167.70, representing compensation for satisfaction of the State of California Medicaid lien, in the form of a check payable jointly to petitioner and:

Department of Health Care Services

Personal Injury Program - MS 4720

P.O. Box 997421

Sacramento, CA 95899-7421

Petitioner agrees to endorse the check to the State of California Department of Health Care Services for satisfaction of the Medicaid lien.

Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respectfully submitted,

YAAKOV M. ROTH

Acting Assistant Attorney General C. SALVATORE D'ALESSIO

Director

Torts Branch, Civil Division

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, future pain and suffering, and future lost wages.

HEATHER L. PEARLMAN

Deputy Director Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director Torts Branch, Civil Division s/ Michael J. Lang

MICHAEL J. LANG

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) 880-0239

Email: Michael.Lang3@usdoj.gov Dated: February 27, 2025

PAGE v. SECRETARY OF HEALTH AND HUMAN SERVICES

PAGE v. SECRETARY OF HEALTH AND HUMAN SERVICES

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