NORA BETH DORSEY, Chief Special Master.
On August 10, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On August 3, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for his GBS injury. On December 1, 2017, respondent filed a proffer on award of compensation ("Proffer"). Respondent proffers that, based upon her review of the evidence of record, petitioner should be awarded:
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,
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.
Respondent engaged life care planner Laura Fox, MSN, RN, CDDN, CLCP, and petitioner engaged Roberta Hurley, B.S., Ed., to provide an estimation of David Davis's future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine related" is as described in the Chief Special Master's Ruling on Entitlement, filed August 3, 2017. 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 David Davis, attached hereto as Tab.
The parties agree that based upon the evidence of record, David Davis has not suffered a loss of earnings in the past and will not suffer a loss of earnings in the future. Therefore, respondent proffers that David Davis should not be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
Respondent proffers that David Davis 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 David Davis's 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 $670.36. Petitioner agrees.
Respondent proffers that David Davis should be awarded funds to satisfy a State of North Carolina lien in the amount of $68,394.18, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of North Carolina may have against any individual as a result of any Medicaid payments the State of North Carolina has made to or on behalf of David Davis from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury suffered on or about, under Title XIX of the Social Security Act.
The parties recommend that the compensation provided to David Davis should be made through a combination of lump sum payments 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 $269,910.66, representing compensation for life care expenses expected to be incurred during the first year after judgment ($94,240.30), pain and suffering ($175,000.00), and past unreimbursable expenses ($670.36), in the form of a check payable to petitioner, David Davis.
B. A lump sum payment of $68,394.18, representing compensation for satisfaction of the State of North Carolina Medicaid lien, payable jointly to petitioner and
C. 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, David Davis, 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 David Davis'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 ($94,240.30), pain and suffering ($175,000.00), and past unreimbursable expenses ($670.36): $269,910.66. As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the State of North Carolina, as reimbursement of the state's Medicaid lien: $68,394.18. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of 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.
