BRIAN H. CORCORAN, Chief Special Master.
On November 14, 2016, Darrell Mayo filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On October 30, 2018, a ruling on entitlement was issued, finding Petitioner entitled to compensation for GBS. On November 21, 2019, Respondent filed a proffer on award of compensation ("Proffer") indicating Petitioner should be awarded a lump sum payment of $760,123.27, representing compensation for life care expenses expected to be incurred during the first year after judgement ($18,849.19), lost earnings ($559,252.00), pain and suffering ($175,000.00), and unreimbursable expenses ($7,022.08). Proffer at 2-3. The Proffer also indicates that Petitioner should be awarded an amount sufficient to purchase an annuity contract as set forth in Section II.B. Proffer at 3. 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,
This amount represents 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.
On October 29, 2018, respondent filed a Rule 4(c) Report conceding that entitlement to compensation was appropriate under the terms of the Vaccine Act. On October 30, 2018, the court issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for his Guillain-Barré syndrome. Respondent now proffers the following regarding the amount of compensation to be awarded.
The parties engaged life care planner Linda Curtis, RN, MS, CCM, CNLCP, to provide an estimation of Darrell G. Mayo's future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine related" is as described in the respondent's Rule 4(c) Report. All items of compensation identified in the life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Darrell G. Mayo, attached hereto as Tab A.
The parties agree that based upon the evidence of record, Darrell G. Mayo has suffered past loss of earnings and will suffer a loss of earnings in the future. Therefore, respondent proffers that Darrell G. Mayo should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for Darrell G. Mayo's lost earnings is $559,252.00. Petitioner agrees.
Respondent proffers that Darrell G. Mayo should be awarded $175,000.00 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.
Evidence supplied by petitioner documents his expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $7,022.08. Petitioner agrees.
The parties recommend that the compensation provided to petitioner should be made through a combination of a lump sum payment and future annuity payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:
A. A lump sum payment of $760,123.27, representing compensation for life care expenses expected to be incurred during the first year after judgment ($18,849.19), lost earnings ($559,252.00), pain and suffering ($175,000.00), and past unreimbursable expenses ($7,022.08), in the form of a check payable to petitioner, Darrell G. Mayo.
B. An amount sufficient to purchase an annuity contract,
Respondent proffers that a three percent (3%) growth rate should be applied to all non-medical life care items, and a five percent (5%) growth rate should be applied to all medical life care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity payments should grow as follows: three percent (3%) compounded annually from the date of judgment for non-medical items, and five percent (5%) compounded annually from the date of judgment for medical items. Petitioner agrees.
Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as he, Darrell G. Mayo, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Darrell G. Mayo's death.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Note: Compensation Year 1 consists of the 12 month period following the date of judgment. Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($18,849.19), lost earnings ($559,252.00), pain and suffering ($175,000.00), and past unreimbursable expenses ($7,022.08): $760,123.27.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Items denoted with an asterisk (*) covered by health insurance and/or Medicare.
Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.
