UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On August 5, 2016, petitioner filed a petition as personal representative for the estate of Arnold Lee Miller for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleged that the decedent, Arnold Lee Miller, developed Guillain-Barré Syndrome ("GBS") resulting in his death which was causally related to the influenza vaccine and Prevnar 13 pneumococcal conjugate vaccine he received on November 4, 2015. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On July 31, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for his Guillain-Barré Syndrome and subsequent death. On August 3, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $350,000.00. 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 awarda petitioner a lump sum payment of $350,000.00 in the form of a check payable to petitioner, Armicka S. Miller, Executrix of The Estate of Arnold L. Miller, Sr. Payment shall be made when petitioner provides respondent with documentation establishing her appointment as the Executrix of the Estate of Arnold Lee Miller. Proffer at 2. "If petitioner is not authorized by a court of competent jurisdiction to serve as the Executrix of the Estate of Arnold Lee Miller, any such payment shall be made to the party or parties appointed by the court of competent jurisdiction to serve as legal representative of the Estate of Arnold Lee Miler, upon submission of written documentation of such appointment to the Secretary." Id. This amount represents compensation for all damages that would be available under § 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

On August 5, 2016, Armicka S. Miller ("petitioner") filed a petition for compensation ("Petition") on behalf of the estate of Arnold Lee Miller ("Mr. Miller"), under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act" or "Act"), as amended. Respondent's Rule 4(c) Report, filed on July 31, 2017, conceded that petitioner is entitled to compensation. In light of respondent's concession, on July 31, 2017, the special master found petitioner entitled to compensation.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $350,000.00, which 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 should be made through a lump sum payment of $350,000.00 in the form of a check payable to Armicka S. Miller, Executrix of The Estate of Arnold L. Miller Sr. No payment shall be made until petitioner provides respondent with documentation establishing her appointment as the Executrix of the Estate of Arnold Lee Miller. If petitioner is not authorized by a court of competent jurisdiction to serve as the Executrix of the Estate of Arnold Lee Miller, any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as legal representative of the Estate of Arnold Lee Miller, upon submission of written documentation of such appointment to the Secretary. Petitioner agrees.