UNPUBLISHED

DECISION AWARDING DAMAGES1

BRIAN H. CORCORAN, Chief Special Master.

On February 22, 2018, petitioner 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 RJB suffered an intussusception as a result of RJB's May 20, 2015 rotavirus vaccination. Petition at Preamble, ¶¶ 8, 12. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 20, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for RJB's intussusception. On October 25, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating RJB should be awarded $50,000.00 in compensation through a lump sum payment in the form of a check made payable to petitioner as the guardian/conservator of RJB, for the benefit of RJB. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 2. 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 RJB a lump sum payment of $50,000.00 in the form of a check payable to petitioner, as the guardian/conservator of RJB, for the benefit of RJB.3 This amount represents compensation for all damages that would be available under § 15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.4

IT IS SO ORDERED.

PROFFER ON AWARD OF DAMAGES

On February 22, 2018, Michal Behar ("petitioner") filed a petition for compensation ("Petition"), on behalf of her minor child, RJB, 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 RJB suffered from an intussusception four days after receipt of a rotavirus vaccination on May 20, 2015. See Petition at Preamble, ¶¶ 8, 12. Respondent conceded petitioner's entitlement to compensation in his Rule 4(c) Report filed on June 18, 2019. Based on Respondent's Rule 4(c) Report Chief Special Master Dorsey found petitioner entitled to compensation.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $50,000.00, which represents all elements of compensation to which RJB would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that compensation provided to RJB should be made through a lump sum payment of $50,000.00, in the form of a check made payable to petitioner as the guardian/conservator of RJB, for the benefit of RJB.1 No payments shall be made until petitioner provides respondent with documentation establishing that she has been appointed as guardian/conservator of RJB's estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of RJB, any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of RJB upon submission of written documentation of such appointment to the Secretary. Petitioner agrees.