UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On September 12, 2017, Ofilia Arechiga ("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-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine she received on November 1, 2016. Petition at 1, ¶2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 22, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation. On October 11, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a total of $128,741.53 (comprised of $125,000.00 for pain and suffering and $3,741.53 for past unreimbursable expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. 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 petitioner a lump sum payment of $128,741.53 (comprised of $125,000.00 for pain and suffering and $3,741.53 for past unreimbursable expenses), in the form of a check payable to petitioner, Ofilia Arechiga. 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.3

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

Petitioner filed her petition for compensation on September 12, 2017, alleging that she suffered Guillain-Barre Syndrome ("GBS") as the result of an influenza vaccination. On August 21, 2018, respondent filed a Rule 4(c) Report, stating that petitioner had satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. 42 C.F.R. §§ 100.3(a)(XIV)(D), 100.3(c)(15). The following day, August 22, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for her GBS.

I. Compensation for Vaccine Injury-Related Items

Based on the evidence of record, respondent proffers that petitioner should be awarded $128,741.53. The $128,741.53 is comprised of $125,000.00 for pain and suffering and $3,741.53 for past unreimbursable expenses, and it represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner be made through a lump sum payment of $128,741.53, in the form of a check payable to petitioner.1 Petitioner agrees.

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