In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0113V
ALEXANDRA BOYD, Chief Special Master Corcoran Petitioner, v. Filed: April 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Alexandra Boyd 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 a Table shoulder injury related to vaccine administration as a result of receiving a Hepatitis A vaccine on November 20, 2019. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 29, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $127,506.03, representing $125,000.00 in pain and suffering and $2,506.03 in past unreimbursable expenses. Proffer at 1-2. Respondent also proffers that Petitioner should be awarded $9,937.56, to satisfy the State of Massachusetts Medicaid lien. Id. at 2. In the Proffer, Respondent
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). represented that Petitioner agrees with the 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 $127,506.03 (representing $125,000.00 for pain and suffering and $2,506.03 in past unreimbursable expenses) in the form of a check payable to Petitioner; and
B. A lump sum payment of $9,937.56, representing compensation for satisfaction of the State of Massachusetts Medicaid lien, in the form of a check payable jointly to Petitioner and:
The Rawlings Company, LLC Attn: Kayla Wise P.O. Box 2000 La Grange, KY 40031 Re: Alexandra Boyd – #22TPM0700022
Petitioner agrees to endorse the check to The Rawlings Company, LLC, 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.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) ALEXANDRA BOYD, ) ) Petitioner, ) ) No. 21-113V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 12, 2023, 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-1 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. See ECF No. 33.
Accordingly, on the same day, the Chief Special Master issued a Ruling on Entitlement. ECF
No. 34.
I. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,506.03. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Massachusetts Medicaid lien in the amount of $9,937.56, which represents full satisfaction of
any right of subrogation, assignment, claim, lien, or cause of action the State of Massachusetts
may have against any individual as a result of any Medicaid payments the State of Massachusetts
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
November 20, 2019 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 should be provided to petitioner 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 $127,506.03 in the form of a check payable to petitioner; and
B. A lump sum payment of $9,937.56, representing compensation for satisfaction of the State of Massachusetts Medicaid lien, in the form of a check payable jointly to petitioner and:
The Rawlings Company, LLC Attn: Kayla Wise P.O. Box 2000 La Grange, KY 40031 Re: Alexandra Boyd – #22TPM0700022 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Petitioner agrees to endorse the check to The Rawlings Company, LLC, for satisfaction
of the Medicaid lien.
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0113V
ALEXANDRA BOYD, Chief Special Master Corcoran Petitioner, v. Filed: April 29, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 6, 2021, Alexandra Boyd 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 a Table shoulder injury related to vaccine administration as a result of receiving a Hepatitis A vaccine on November 20, 2019. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 12, 2023, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On April 29, 2024, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $127,506.03, representing $125,000.00 in pain and suffering and $2,506.03 in past unreimbursable expenses. Proffer at 1-2. Respondent also proffers that Petitioner should be awarded $9,937.56, to satisfy the State of Massachusetts Medicaid lien. Id. at 2. In the Proffer, Respondent
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). represented that Petitioner agrees with the 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 $127,506.03 (representing $125,000.00 for pain and suffering and $2,506.03 in past unreimbursable expenses) in the form of a check payable to Petitioner; and
B. A lump sum payment of $9,937.56, representing compensation for satisfaction of the State of Massachusetts Medicaid lien, in the form of a check payable jointly to Petitioner and:
The Rawlings Company, LLC Attn: Kayla Wise P.O. Box 2000 La Grange, KY 40031 Re: Alexandra Boyd – #22TPM0700022
Petitioner agrees to endorse the check to The Rawlings Company, LLC, 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.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ___________________________________ ) ALEXANDRA BOYD, ) ) Petitioner, ) ) No. 21-113V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ___________________________________ )
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 12, 2023, 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-1 to -34, that is, a shoulder injury related to
vaccine administration (“SIRVA”), as defined in the Vaccine Injury Table. See ECF No. 33.
Accordingly, on the same day, the Chief Special Master issued a Ruling on Entitlement. ECF
No. 34.
I. Items of Compensation
A. Pain and Suffering
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$125,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that she incurred past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,506.03. See 42 U.S.C. § 300aa-
15(a)(1)(B). Petitioner agrees.
C. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the State of
Massachusetts Medicaid lien in the amount of $9,937.56, which represents full satisfaction of
any right of subrogation, assignment, claim, lien, or cause of action the State of Massachusetts
may have against any individual as a result of any Medicaid payments the State of Massachusetts
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
November 20, 2019 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 should be provided to petitioner 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 $127,506.03 in the form of a check payable to petitioner; and
B. A lump sum payment of $9,937.56, representing compensation for satisfaction of the State of Massachusetts Medicaid lien, in the form of a check payable jointly to petitioner and:
The Rawlings Company, LLC Attn: Kayla Wise P.O. Box 2000 La Grange, KY 40031 Re: Alexandra Boyd – #22TPM0700022 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, unreimbursed expenses, future lost earnings and future pain and suffering. 2 Petitioner agrees to endorse the check to The Rawlings Company, LLC, for satisfaction
of the Medicaid lien. Petitioner is a competent adult. Evidence of guardianship is not required
in this case.
Respectfully submitted,
BRIAN M. BOYNTON Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division
HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division
ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division
/s/ Jamica M. Littles JAMICA M. LITTLES 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) 305-4014
DATED: April 29, 2024