Filed: Oct. 29, 2014
Latest Update: Oct. 29, 2014
Summary: DECISION AWARDING DAMAGES 1 LAURA D. MILLMAN, Special Master. On June 3, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2006), alleging that he received tetanus vaccination on July 13, 2011, and thereafter suffered a Table injury of brachial neuritis. On February 6, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered a Table injury of brachial neuritis and recommending compensation. On October 29, 2014
Summary: DECISION AWARDING DAMAGES 1 LAURA D. MILLMAN, Special Master. On June 3, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. 300aa-10-34 (2006), alleging that he received tetanus vaccination on July 13, 2011, and thereafter suffered a Table injury of brachial neuritis. On February 6, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered a Table injury of brachial neuritis and recommending compensation. On October 29, 2014,..
More
DECISION AWARDING DAMAGES1
LAURA D. MILLMAN, Special Master.
On June 3, 2013, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-10-34 (2006), alleging that he received tetanus vaccination on July 13, 2011, and thereafter suffered a Table injury of brachial neuritis. On February 6, 2014, respondent filed her Rule 4(c) Report, conceding that petitioner suffered a Table injury of brachial neuritis and recommending compensation.
On October 29, 2014, respondent filed Respondent's Proffer on Award of Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the record as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum payment of $109,217.59, representing the discounted present value of petitioner's projected lost earnings ($8,112.59), pain and suffering ($100,000.00), and past unreimbursable expenses ($1,105.00). The award shall be in the form of a check for $109,217.59 made payable to petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
A. Life Care Items
Respondent proffers that, based on the evidence of record, petitioner is unlikely to incur future medical expenses as a result of his vaccine-related injury. See 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
B. Lost Earnings
The parties agree that based upon the evidence of record, the net present value of petitioner's projected loss of earnings is $8,112.59. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
C. Pain and Suffering
Respondent proffers that petitioner should be awarded $100,000.00 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), (f)(4)(A). Petitioner agrees.
D. Past Un-reimbursable Expenses
Evidence supplied by petitioner documents his expenditure of past un-reimbursable expenses related to his vaccine-related injury. 42 U.S.C. § 300aa-15(a)(1)(B). Respondent proffers that petitioners should be awarded past un-reimbursable expenses in the amount of $1,105.00. Petitioner agrees.
E. Medicaid Lien
Petitioner represents that there are no Medicaid liens outstanding against him.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Special Master's decision and the Court's judgment award the following:1
A. A lump sum payment of $109,217.59, representing the discounted present value of petitioner's projected lost earnings ($8,112.59), pain and suffering ($100,000.00), and past un-reimbursable expenses ($1,105.00) in the form of a check payable to petitioner.
1. Guardianship
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioner for projected lost earnings, pain
and suffering, and past un-reimbursable expenses: $109,217.59
Respectfully submitted,
JOYCE R. BRANDA
Acting Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
Dated: October 29, 2014.
