DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On January 12, 2015, Rachel Faucher filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the "Vaccine Act" or "Program"]. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (SIRVA) which was caused by the influenza vaccine she received on September 11, 2013. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 12, 2015, a ruling on entitlement finding petitioner entitled to compensation for her shoulder injury related to vaccine administration ["SIRVA"] was issued. On September 24, 2015, respondent filed a proffer on award of compensation ["Proffer"] indicating petitioner should be awarded a lump sum payment of $394,670.96 and payment to purchase an annuity contract (or contracts) to provide yearly amounts for items of care as illustrated in Tab A (filed as an attachment to the Proffer) directly to petitioner as long as she lives. Proffer at 3-4.

Pursuant to the terms stated in the attached Proffer, I award petitioner payment as follows:

1. A lump sum payment of $394,670.96 in the form of a check payable solely to petitioner, Rachel Faucher;

2. A payment sufficient to purchase the annuity contract described in section II.B. of the Proffer.

These amounts represent compensation for all damages that would be available under § 300aa-15(a).

The clerk of the court is directed to enter judgment in accordance with this decision.3

RESPONDENT'S PROFFER ON DAMAGES

Respondent submits the following recommendations regarding items of compensation to be awarded to petitioner under the Vaccine Act.

I. Items of Compensation

A. Respondent proffers Rachel Faucher ("petitioner") should be awarded all items of compensation included in this Proffer and those illustrated by the chart attached as Tab A. Specifically, respondent proffers:

1. Health Insurance, Medicare, and Medigap

For future unreimbursable health insurance, Medicare Part B, and Medigap Plan C, beginning on the first anniversary of the date of judgment, an annual amount of $4,315.08 to be paid up to the anniversary of the date of judgment in year 2024, then beginning on the anniversary of the date of judgment in year 2024, an annual amount of $2,293.20 to be paid for the remainder of petitioner's life, all amounts increasing at the rate of five percent (5.0%), compounded annually from the date of judgment. Petitioner agrees.

2. Home Services

For future unreimbursable home services, beginning on the first anniversary of the date of judgment, an annual amount of $979.00 to be paid for the remainder of petitioner's life, all amounts increasing at the rate of four percent (4.0%), compounded annually from the date of judgment. Petitioner agrees.

B. Home Modifications

Respondent proffers that petitioner should be awarded a one-time lump sum payment of $1,995.00 for future home modifications. Petitioner agrees.

C. Lost Earnings

The parties agree that based upon the evidence of record, Rachel Faucher has suffered a past loss of earnings and will suffer future lost earnings as a result of her vaccine-related injury. Therefore, respondent proffers that petitioner should be awarded a lump sum of $235,419.29 for all lost earnings, past and future, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

D. Pain and Suffering

Respondent proffers that petitioner should be awarded $145,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

E. Past Unreimbursed Expenses

Evidence supplied by petitioner documents her expenditure of past un-reimbursable expenses related to her vaccine-related injury. Respondent proffers that the petitioner is entitled to past un-reimbursed expenses in the amount of $2,771.67. Petitioner agrees.

F. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-related injury.

II. Form of the Award

The parties recommend that the compensation provided to petitioner for her future medical care needs should be made through a combination of a one-time lump sum payment and future annuity payments as described below, and request that the Chief Special Master's decision and the Court's judgment reflect the following items of compensation.1

Respondent proffers and petitioner agrees that an award of compensation include the following elements:

A. A lump sum payment of $394,670.96, representing health insurance, home services, and home modification expenses for Year One ($11,480.00), compensation for lost earnings ($235,419.29), past un-reimbursed expenses ($2,771.67), and pain and suffering ($145,000.00), in the form of a check payable to petitioner.

B. An amount sufficient to purchase an annuity contract,2 subject to the conditions described below, that will provide payments for the items of care illustrated by the chart at Tab A, attached hereto, and paid to the life insurance company3 from which the annuity will be purchased.4 Compensation for Year Two (beginning on the first anniversary of the date of judgment) and all subsequent payments shall be provided through respondent's purchase of an annuity, which annuity will make payments directly to the petitioner only so long as she is alive at the time a particular payment is due. The "annual amounts" set forth in Tab A describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment.

1. Growth Rates

Respondent proffers that a four percent (4.0%) growth rate should be applied to all non-medical items, and a five percent (5.0%) growth rate should be applied to all medical items. The benefits illustrated in the chart at Tab A that are to be paid through annuity payments should grow as follows: four percent (4.0%) for all non-medical items, and five percent (5.0%) for all medical items, compounded annually from the date of judgment. Petitioner agrees.

2. Life-contingent Annuity

Petitioner will continue to receive the annuity payments for future medical care from the Life Insurance Company only so long as she is alive at the time that a particular payment is due. Written notice to the Secretary of Health and Human Services and the Life Insurance Company shall be made within twenty (20) days of petitioner's death.

III. Summary of Recommended Payments Following Judgment

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