BRIAN H. CORCORAN, Special Master.
On July 1, 2009, Amber Roberts filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").
Respondent filed a Proffer on October 1, 2014, recommending an award of compensation for Petitioner (a copy of which is attached). I have reviewed the file, and based upon that review, I conclude that the parties' proffer is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The Proffer awards:
A. A lump sum payment of
B. A lump sum payment of
C. A lump sum payment of
Petitioner agrees to endorse this payment to Kentucky Medicaid Recovery Unit.
D. A lump sum payment of
Petitioner agrees to endorse this payment to First Recovery Group LLC.
Proffer at § II(A-E).
I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. 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.
The parties engaged life care planners, Shelly Kinney, MSN, RN, CCM, CNCLP, for respondent, and Cameron Parker, RN, BSN, CLCP, for petitioner, to provide an estimation of Amber Roberts's future vaccine-injury related needs.
The parties agree that based upon the evidence of record, Amber Roberts has suffered a past loss of earnings and will continue to suffer a loss of earnings in the future. Therefore, respondent proffers that Amber Roberts should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B).
Respondent proffers that Amber Roberts should be awarded $250,000.00 in actual pain and suffering.
Evidence supplied by petitioner documents the 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 $4,789.14. Petitioner agrees.
Respondent proffers that Amber Roberts should be awarded funds to satisfy the Commonwealth of Kentucky Medicaid lien in the amount of $15,553.11, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Kentucky may have against any individual as a result of any Medicaid payments the Commonwealth of Kentucky has made to, or on behalf of, Amber Roberts from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about July 1, 2006, under Title XIX of the Social Security Act.
Respondent proffers that Amber Roberts should be awarded funds to satisfy the WellCare Medicaid lien in the amount of $3,101.91, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action WellCare may have against any individual as a result of any Medicaid payments WellCare has made to, or on behalf of, Amber Roberts from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about July 1, 2006, under Title XIX of the Social Security Act.
The parties recommend that the compensation provided to Amber Roberts for her future vaccine-related medical care be made to a U.S. Grantor Reversionary Trust established for the benefit of Amber Roberts with payments made to the Trust through a combination of a one-time cash payment and future annuity payments as described below, and request that the Special Master's decision and the Court's judgment award the following items of compensation:
Respondent proffers and petitioner agrees that an award of compensation include the following elements:
A. A lump sum payment of $478,905.74, representing compensation for life care expenses expected to be incurred during the first year after judgment ($204,750.74) and Trust seed funds for the U.S. Grantor Reversionary Trust established for the benefit of Amber Roberts ($274,155.00), in the form of a check payable to Bank of the Bluegrass & Trust Company, as trustee.
B. A lump sum payment of $1,075,075.87, representing compensation for lost future earnings ($820,286.73), pain and suffering ($250,000.00), and past unreimbursable expenses ($4,789.14), in the form of a check payable to petitioner, Amber Roberts.
C. A lump sum payment of $15,553.11, representing compensation for satisfaction of the Commonwealth of Kentucky Medicaid lien, payable jointly to petitioner and
Petitioner agrees to endorse this payment to Kentucky Medicaid Recovery Unit.
D. A lump sum payment of $3,101.91, representing compensation for satisfaction of the WellCare Medicaid lien, payable jointly to petitioner and
Petitioner agrees to endorse this payment to First Recovery Group LLC.
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. Petitioner agrees.
The trustee will continue to receive the annuity payments from the Life Insurance Company only so long as Amber Roberts is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services, the trustee, and the Life Insurance Company within twenty (20) days of Amber Roberts's death.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
