UNPUBLISHED

Special Processing Unit (SPU); Damages Decision Based on Proffer; Rotavirus Vaccine; Intussusception.

NORA BETH DORSEY, Chief Special Master.

DECISION AWARDING DAMAGES1

On December 29, 2016, 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 that E.K.'s receipt of a rotavirus vaccine on or about October 28, 2015, caused him to suffer intussusception.3 Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On September 19, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for E.K.'s intussusception injury. On August 3, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $50,000.00. Proffer at 2. 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 $50,000.00 in the form of a check payable to petitioner, Jeanette Kuhl, as guardian/conservator of E.K. 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.4

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Compensation for Vaccine Injury-Related Items

On September 19, 2017, respondent filed his Rule 4(c) Report conceding entitlement in the above-captioned case. That same day, Chief Special Master Dorsey issued a Ruling on Entitlement finding that petitioner was entitled to a presumption of causation. Specifically, petitioner's son, E.K., suffered from intussusception that met the criteria of the Vaccine Injury Table. E.K.'s intussusception manifested between one and twenty-one days after his receipt of the second dose of the rotavirus vaccine, and there is not preponderant evidence that his condition was due to a factor unrelated to the vaccine. Moreover, E.K.'s intussusception "resulted in inpatient hospitalization and surgical intervention." See 42 U.S.C. § 300aa-11(c)(1)(D)(iii).

Based on the evidence of record, respondent proffers that E.K. should be awarded $50,000.00, which is based entirely on pain and suffering. This amount 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 $50,000.00, representing compensation for pain and suffering, in the form of a check payable to petitioner as guardian/conservator of E.K., for the benefit of E.K. No payment shall be made until petitioner provides respondent with documentation establishing that she has been appointed as guardian/conservator of E.K.'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of E.K., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of E.K. upon submission of written documentation of such appointment to the Secretary.1 Petitioner agrees.