DENISE K. VOWELL, Chief Special Master.
On November 25, 2014, Barbara Budgake filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On April 9, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation for a shoulder injury related to vaccine administration ["SIRVA"]. On June 10, 2015, respondent filed a proffer on award of compensation ["Proffer"] detailing compensation in the amount of $920.85 for past lost earnings, $100,000.00 for actual and projected pain and suffering, and $1,537.85 for past un-reimbursable expenses for a total of $102,458.70. Proffer at 1-3.
Pursuant to the terms stated in the attached Proffer,
The clerk of the court is directed to enter judgment in accordance with this decision.
For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on April 7, 2015.
The parties agree that based upon the evidence of record, petitioner will not require future care for her vaccine-related injury. Therefore, respondent proffers that petitioner should be awarded no future unreimbursable expenses under 42 U.S.C. § 300aa-15(a)(1). Petitioner agrees.
The parties agree that based upon the evidence of record, petitioner has suffered a past loss of earnings of $920.85. She will, however, continue to be gainfully employed in the future. Therefore, respondent proffers that petitioner should be awarded actual lost earnings, but not anticipated loss of earnings, as provided under 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner's lost earnings is $920.85. Petitioner agrees.
Respondent proffers that petitioner should be awarded $100,000.00 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). Petitioner agrees.
Evidence supplied by petitioner documents her expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,537.85. Petitioner agrees.
Petitioner represents that there are no outstanding Medicaid liens against her.
The parties recommend that compensation provided to petitioner should be made through lump sum payments as described below and request that the Chief Special Master's decision and the Court's judgment award the following:
A. A lump sum payment of $920.85, representing compensation for actual lost earnings, in the form of a check payable to petitioner;
B. A lump sum payment of $100,000.00, representing compensation for pain and suffering, in the form of a check payable to petitioner; and
C. A lump sum payment of $1,537.85, representing compensation for past unreimbursable expenses, in the form of a check payable to petitioner.