UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On May 31, 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 she suffered Guillain-Barre Syndrome ("GBS") as a result of the influenza ("flu") vaccination administered on November 14, 2016. Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 21, 2019, a ruling on entitlement was issued, finding petitioner entitled to compensation for her GBS injury. On September 16, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $170,000.00 for pain and suffering and $8,546.95 for past out of pocket medical expenses. Proffer at 1. Respondent further indicated that petitioner should be awarded funds to satisfy, in full, the State of California Medicaid lien in the amount of $42,369.61. Id. at 1-2. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. at 1. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, the undersigned awards the following:

Petitioner agrees to endorse this payment to the Department of Health Care Services. These amounts represent 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.3

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On May 31, 2018, Dayane Penderis ("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. Respondent conceded petitioner's entitlement to compensation in his Rule 4(c) Report filed on May 17, 2019. Based on Respondent's Rule 4(c) Report, on May 21, 2019, Chief Special Master Dorsey found petitioner entitled to compensation for her Guillain-Barré Syndrome.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $178,546.95. The award is comprised of $170,000.00 for pain and suffering, and $8,546.95 for past out of pocket medical expenses. This represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Respondent further proffers that petitioner, Dayane Penderis, should be awarded funds to satisfy, in full, the State of California Medicaid lien in the amount of $42,369.61 which represents satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the State of California has made to or on behalf of Dayane Penderis from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury, under Title XIX of the Social Security Act.

II. Form of the Award:

The parties recommend that the compensation provided to Dayane Penderis should be made through two lump sum payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:1

Petitioner agrees to endorse this payment to the Department of Health Care Services.

Petitioner is a competent adult. Evidence of guardianship is not required in this case.