Marguerite Acker v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
Marguerite Acker filed a petition for compensation on October 13, 2016, alleging she suffered shoulder injuries from an influenza vaccination administered on October 16, 2015. The respondent filed a Rule 4(c) Report on May 12, 2017, conceding that Ms.
Acker was entitled to compensation. The respondent's medical personnel concluded that Ms.
Acker's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA), and no other causes for the injury were identified. The respondent also noted that Ms.
Acker's medical records demonstrated satisfaction of the statutory six-month sequela requirement. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 12, 2017, finding Ms.
Acker entitled to compensation. Subsequently, on April 11, 2018, the respondent filed a proffer on the award of compensation.
The proffer indicated that Ms. Acker should be awarded $100,000.00, representing all elements of compensation under § 15(a) of the Vaccine Act, plus funds to satisfy the State of Michigan Medicaid lien in the amount of $182.31, and funds to satisfy the Molina Healthcare of MI Medicaid lien in the amount of $3,925.46.
The respondent represented that Ms. Acker agreed with the proffered award.
Chief Special Master Dorsey issued a decision awarding damages on August 14, 2018, based on the proffer. The award included a lump sum payment of $100,000.00 to Ms.
Acker, a lump sum payment of $182.31 payable jointly to Ms. Acker and the Michigan Department of Health and Human Services to satisfy the Medicaid lien, and a lump sum payment of $3,925.46 payable jointly to Ms.
Acker and Equian, LLC to satisfy the Molina Healthcare of MI Medicaid lien. Ms.
Acker is a competent adult. Petitioner's counsel was Paul R.
Brazil of Muller Brazil, LLP. Respondent's counsel was Althea Walker Davis of the U.S.
Department of Justice. Chief Special Master Nora Beth Dorsey presided over the case.
Theory of causation
Petitioner Marguerite Acker filed a petition alleging shoulder injuries from an influenza vaccination administered on October 16, 2015. The respondent conceded entitlement, finding the injury consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition covered under the National Childhood Vaccine Injury Act's "Table" of injuries. No other causes were identified, and the six-month sequela requirement was met. The case proceeded as a Table claim. Chief Special Master Nora Beth Dorsey ruled on entitlement on May 12, 2017. On April 11, 2018, a proffer on award was filed, stipulating a total award of $104,107.77, comprising $100,000.00 for all elements of compensation, $182.31 to satisfy the State of Michigan Medicaid lien, and $3,925.46 to satisfy the Molina Healthcare of MI Medicaid lien. Chief Special Master Dorsey issued the final decision awarding damages on August 14, 2018. Petitioner's counsel was Paul R. Brazil; respondent's counsel was Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_16-vv-01337