BRIAN H. CORCORAN, Chief Special Master.
On May 7, 2018, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On July 24, 2019, a ruling on entitlement was issued, finding Petitioner entitled to compensation for her SIRVA. On December 19, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded $57,500.00 in actual and projected pain and suffering (reduced to net present value) as well as $4,543.32 to satisfy a State of Ohio Medicaid lien. Proffer at 1-2. 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,
Petitioner agrees to endorse this payment to the above payee.
The clerk of the court is directed to enter judgment in accordance with this decision.
On May 7, 2018, Keria Edwards ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to — 34 ("Vaccine Act" or "Act"), as amended. The Petition alleged that petitioner suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") following her receipt of a tetanus-diphtheria-acellular pertussis vaccine on October 25, 2016. Respondent conceded petitioner's entitlement to compensation in his Rule 4(c) Report filed on July 24, 2019. Based on Respondent's Rule 4(c) Report the Chief Special Master found petitioner entitled to compensation.
Respondent proffers that petitioner should be awarded $57,500.00 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
Respondent proffers that petitioner should be awarded funds to satisfy the State of Ohio Medicaid lien in the amount of $4,543.32, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Ohio may have against any individual as a result of any Medicaid payments the State of Ohio 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 vaccine-related injury suffered on or about October 25, 2016, under Title XIX of the Social Security Act.
Respondent recommends that compensation provided to petitioner should be made through lump sum payments as described below and requests that the Chief Special Master's decision and the Court's judgment award the following, representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a):
A. A lump sum payment of
B. A lump sum payment of
Petitioner agrees to endorse this payment to the above payee.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.