DECISION AWARDING DAMAGES1

LAURA D. MILLMAN, Special Master.

On August 5, 1999, petitioners filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2006), alleging that R.R.S. suffered "adverse effects," including Guillain-Barré syndrome ("GBS"), as a result of receiving hepatitis B ("Hep B") vaccine on June 7, 1995.

This case was part of the Hepatitis B-Neurological Demyelinating Omnibus Proceeding ("Omnibus" or "Hep B Omnibus"), and was effectively stayed until 2006, when decisions were issued in the Omnibus test cases.2

A hearing was held in January 2010. On December 10, 2010, then-Chief Special Master Lord issued a Ruling on Entitlement, finding that R.R.S.'s GBS was caused by his Hep B vaccination.

On March 28, 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 petitioners are entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards petitioners:

Petitioners agree to endorse this payment to the State of Florida; and

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.3

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

The respondent engaged life care planner, Ginger Walton, MSN, FNP, CNCLP, to provide an estimation of ___ R.R.S.'s ___ future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine-related" is as described in Chief Special Master Lord's Decision on Entitlement filed December 10, 2010. 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 ___ R.R.S. ___, attached hereto as Tab A.1 Respondent proffers that ___ R.R.S. ___ should be awarded all items of compensation set forth in the life care plan and illustrated by the chart attached at Tab A. Petitioners agree.

B. Lost Earnings

The parties agree that based upon the evidence of record, ___ R.R.S. ___ has suffered a loss of earnings and will not be gainfully employed in the future. Therefore, respondent proffers that ___ R.R.S. ___ should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). Respondent proffers that the appropriate award for ___ R.R.S.'s ___ lost earnings is $877,840.70. Petitioners agree.

C. Pain and Suffering

Respondent proffers that ___ R.R.S. ___ should be awarded $250,000.00 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). Petitioners agree.

D. Past Unreimbursable Expenses

Evidence supplied by petitioners documents their expenditure of past unreimbursable expenses related to ___ R.R.S.'s ___ vaccine-related injury. Respondent proffers that petitioners should be awarded past unreimbursable expenses in the amount of $1,329,251.68. Petitioners agree.

E. Medicaid Lien

Respondent proffers that ___ R.R.S. ___ should be awarded funds to satisfy the State of Florida lien in the amount of $932,088.85, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Florida may have against any individual as a result of any Medicaid payments the State of Florida has made to or on behalf of ___ R.R.S. ___ 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 June 7, 1995, under Title XTX of the Social Security Act.

II. Form of the Award

The parties recommend that the compensation provided to ___ R.R.S. ___ should be made through a combination of lump sum payments and future annuity payments as described below, and request that the special master's decision and the Court's judgment award the following:

A. A lump sum payment of $2,888,204.00, representing compensation for lost earnings ($877,840.70), pain and suffering ($250,000.00), and life care expenses for Year One ($1,760,363.30), in the form of a check payable to petitioners as guardian(s)/conservator(s) of ___ R.R.S. ___, for the benefit of ___ R.R.S. ___. No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardian(s)/conservator(s) of] ___ R.R.S.'s ___ estate;

B. A lump sum payment of $1,329,251.68, representing compensation for past unreimbursable expenses, payable to Dr. Robert G. Sharkey and Jacqueline K Sharkey, petitioners;

C. A lump sum payment of $932,088.85, representing compensation for satisfaction of the State of Florida Medicaid lien, payable jointly to petitioners and

Petitioners agree to endorse this payment to the State of Florida.

D. An amount sufficient to purchase the annuity contract,2 subject to the conditions described below, that will provide payments for the life care items contained in the life care plan, as illustrated by the chart at Tab A, attached hereto, paid to the life insurance company3 from which the annuity will be purchased.4 Compensation for Year Two (beginning on the first anniversary of the date of judgment) and all subsequent years shall be provided through respondent's purchase of an annuity, which annuity shall make payments directly to petitioners as guardian(s)/conservator(s) of the estate of: ___ R.R.S. ___, for the benefit of R.R.S. ___, only so long as R.R.S. ___ is alive at the time a particular payment is due. At the Secretary's sole discretion, the periodic payments may be provided to petitioners in monthly, quarterly, annual or other installments. The "annual amounts" set forth in the chart at Tab A describe only the total yearly sum to be paid to petitioners and do not require that the payment be made in one annual installment.

1. Growth Rate

Respondent proffers that a four percent (4%) 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: four percent (4%) 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. Petitioners agree.

2. Life-Contingent Annuity

Petitioners will continue to receive the annuity payments from the Life Insurance Company only so long as ___ R.R.S. ___ 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 ___ R.R.S.'s ___ death.

3. Guardianship

No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardian(s)/conservator(s) of ___ R.R.S.'s ___ estate. If petitioners are not authorized by a court of competent jurisdiction to serve as guardian(s)/ conservator(s) of the estate of ___ R.R.S. ___, any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of ___ R.R.S. ___ upon submission of written documentation of such appointment to the Secretary.

III. Summary of Recommended Payments Following Judgment