UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On January 3, 2017, James Cantwell ("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 sought compensation for the death of his son, M.C., on March 3, 2015, allegedly due to intussusception following a rotavirus vaccination, which was administered on February 15, 2015. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 18, 2017, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation. On July 19, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner, as legal representative of the estate of M.C., should be awarded $360,415.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id. 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 $360,415.00 in the form of a check payable to petitioner as the legal representative of the estate of M.C. This amount represents compensation for all damages that would be available under § 15(a) for M.C.'s vaccine-related injury and death.

The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

For purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report, filed on May 17, 2017, conceding entitlement in this case. Based upon the evidence of record, respondent proffers that petitioner, as legal representative of the estate of M.C., should be awarded $360,415.00, which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for M.C.'s vaccine-related injury and death. Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation should be made through a lump sum payment of $360,415.00 in the form of a check payable to petitioner as the legal representative of the estate of M.C. Petitioner agrees.

No payment shall be made until petitioner provides respondent with documentation that he has been appointed the legal representative of M.C.'s estate.