In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1503V UNPUBLISHED
LUIS RODRIGUEZ, Chief Special Master Corcoran
Petitioner, Filed: May 9, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA)
Harrison Whitten Long, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 30, 2020, Luis Rodriguez 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 he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine received on May 16, 2018. Petition at 1. Petitioner further alleges that the vaccine was received in the United States, he suffered residual effects or complications of his injury for at least six months, and neither Petitioner nor any other party has filed an action, or received compensation in the form of an award or settlement, for this vaccine-related injury. Petition at 2-5, ¶¶ 2, 22-23. The case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). 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 (2012). On March 3, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 9, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating that the court should award $62,500.00 in the form of a check payable to Petitioner and $1,300.85 to satisfy the Commonwealth of Massachusetts Medicaid lien. Proffer at 2. In the Proffer, Respondent 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 the following:
A. A lump sum payment of $62,500.00 (in pain and suffering) in the form of a check payable to Petitioner; and
B. A lump sum payment of $1,300.85, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to Petitioner and the “Commonwealth of Massachusetts – CRU”; and mailed to:
Commonwealth of Massachusetts Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811
Petitioner agrees to endorse this payment to the Commonwealth of Massachusetts – CRU.
These amounts represents 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 ____________________________________ ) LUIS RODRIGUEZ, ) ) ) Petitioner, ) ) No. 20-1503V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 30, 2020, Luis Rodriguez (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“Vaccine
Act” or “Act”). See 42 U.S.C. §§ 300aa-1 et seq. Petitioner alleged that he suffered a Shoulder
Injury Related to Vaccine Administration (“SIRVA”) as a result of a Tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine administered in his left shoulder on May 16, 2018. Petition
at 1. . On March 1, 2022, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the
Act for a SIRVA Table injury, and on March 3, 2022, the Chief Special Master issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
Commonwealth of Massachusetts Medicaid lien in the amount of $1,300.85, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Commonwealth of Massachusetts may have against any individual as a result of any Medicaid
payment the Commonwealth of Massachusetts has made to or on behalf of petitioner from the
date of his eligibility for benefits through the date of judgment in this case as a result of his
alleged vaccine-related injury suffered on or about May 16, 2018, under Title XIX of the Social
Security Act.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through
two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following 1:
A. A lump sum payment of $62,500.00, in the form of a check payable to petitioner; and
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 pain and suffering.
2 B.
Free access — add to your briefcase to read the full text and ask questions with AI
In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1503V UNPUBLISHED
LUIS RODRIGUEZ, Chief Special Master Corcoran
Petitioner, Filed: May 9, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Damages Decision Based on Proffer; HUMAN SERVICES, Tetanus Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Respondent. Injury Related to Vaccine Administration (SIRVA)
Harrison Whitten Long, Rawls Law Group (Richmond), Richmond, VA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 30, 2020, Luis Rodriguez 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 he suffered a left shoulder injury related to vaccine administration (“SIRVA”) as a result of a Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccine received on May 16, 2018. Petition at 1. Petitioner further alleges that the vaccine was received in the United States, he suffered residual effects or complications of his injury for at least six months, and neither Petitioner nor any other party has filed an action, or received compensation in the form of an award or settlement, for this vaccine-related injury. Petition at 2-5, ¶¶ 2, 22-23. The case was assigned to the Special Processing Unit of the Office of Special Masters.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required 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). 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 (2012). On March 3, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation for SIRVA. On May 9, 2022, Respondent filed a proffer on award of compensation (“Proffer”) indicating that the court should award $62,500.00 in the form of a check payable to Petitioner and $1,300.85 to satisfy the Commonwealth of Massachusetts Medicaid lien. Proffer at 2. In the Proffer, Respondent 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 the following:
A. A lump sum payment of $62,500.00 (in pain and suffering) in the form of a check payable to Petitioner; and
B. A lump sum payment of $1,300.85, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to Petitioner and the “Commonwealth of Massachusetts – CRU”; and mailed to:
Commonwealth of Massachusetts Casualty Recovery P.O. Box 417811 Boston, MA 02241-7811
Petitioner agrees to endorse this payment to the Commonwealth of Massachusetts – CRU.
These amounts represents 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 ____________________________________ ) LUIS RODRIGUEZ, ) ) ) Petitioner, ) ) No. 20-1503V v. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 30, 2020, Luis Rodriguez (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, as amended (“Vaccine
Act” or “Act”). See 42 U.S.C. §§ 300aa-1 et seq. Petitioner alleged that he suffered a Shoulder
Injury Related to Vaccine Administration (“SIRVA”) as a result of a Tetanus-diphtheria-
acellular pertussis (“Tdap”) vaccine administered in his left shoulder on May 16, 2018. Petition
at 1. . On March 1, 2022, the Secretary of Health and Human Services (“respondent”) filed a
Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the
Act for a SIRVA Table injury, and on March 3, 2022, the Chief Special Master issued a Ruling
on Entitlement finding petitioner entitled to compensation. ECF No. 25; ECF No. 26.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $62,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Medicaid Lien
Respondent proffers that petitioner should be awarded funds to satisfy the
Commonwealth of Massachusetts Medicaid lien in the amount of $1,300.85, which represents
full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the
Commonwealth of Massachusetts may have against any individual as a result of any Medicaid
payment the Commonwealth of Massachusetts has made to or on behalf of petitioner from the
date of his eligibility for benefits through the date of judgment in this case as a result of his
alleged vaccine-related injury suffered on or about May 16, 2018, under Title XIX of the Social
Security Act.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through
two lump sum payments as described below and requests that the Chief Special Master’s
decision and the Court’s judgment award the following 1:
A. A lump sum payment of $62,500.00, in the form of a check payable to petitioner; and
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 pain and suffering.
2 B. A lump sum payment of $1,300.85, representing compensation for satisfaction of the Commonwealth of Massachusetts Medicaid lien, in the form of a check payable jointly to petitioner and the “Commonwealth of Massachusetts – CRU”, and mailed to: Commonwealth of Massachusetts Casualty Recovery P.O. BOX 417811 Boston, MA 02241-7811
Petitioner agrees to endorse this payment to the Commonwealth of Massachusetts – CRU.
III. Summary of Recommended Payments Following Judgment
A. Lump sum payable to petitioner, Luis Rodriguez: $62,500.00
B. Medicaid lien: $1,300.85
Respectfully submitted,
BRIAN M. BOYNTON Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division
HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division
ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division
s/ Ronalda E. Kosh RONALDA E. KOSH 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) 616-4476 Email: ronalda.kosh@usdoj.gov DATED: May 9, 2022