LISA D. HAMILTON-FIELDMAN, Special Master.
On September 13, 2013, Petitioner, Kathleen Rosa, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vaccine Program"). Petitioner alleged that the administration of a Tetanus-Diphtheria-acellular Pertussis ("TDAP") vaccine administered on September 14, 2010, caused Petitioner to suffer from brachial neuritis.
The parties agreed and submitted in a proffer, filed on August 27, 2014, that based on the evidence of record, Petitioner should be awarded $100,000.00. This amount represents all elements of compensation to which Petitioner would be entitled under 42 U.S.C. §300aa-15(a)(1); 15(a)(3)(B); and 15(a)(4).
The undersigned finds said proffer reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The proffer awards:
Proffer Section II, III.
The undersigned approves the requested amounts for Petitioner's compensation. 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.
IT IS SO ORDERED.
Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for projected unreimbursable medical care expenses incurred from the date of judgment as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
Respondent proffers that based on the evidence of record, petitioner is not entitled to an award for actual or anticipated lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
Respondent proffers that the Court should award Kathleen Rosa a lump sum of $85,404.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value.
Evidence supplied by petitioner documents Kathleen Rosa's expenditure of past unreimubursable expenses as a result of her vaccine-related injury. Respondent proffers that the Court should award Kathleen Rosa a lump sum of $14,596.00 for past unreimbursable expenses as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-related injury.
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below and request that the Special Master's decision and the Court's judgment award the following
Lump sum payable to petitioner: