UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On October 16, 2017, 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 she suffered intussusception after a rotavirus vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On June 21, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for intussusception. On February 1, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $4,879.52 to satisfy the State of New York Medicaid lien. 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. Id.

Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner:

This amount represents compensation for all damages that would be available under § 15(a).

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

IT IS SO ORDERED.

RESPONDENT'S PROFFER OF DAMAGES

I. Procedural History

On October 16, 2017, Latoya Christie ("petitioner"), as the parent of P.A., a minor, filed a petition for compensation ("petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34, as amended. Petitioner alleges that, as a result of receiving the rotavirus vaccine on February 28, 2017, P.A. suffered from intussusception. Petition at 1-3. On June 18, 2018, respondent filed his Vaccine Rule 4(c) report, conceding that P.A.'s alleged injury meets the Table criteria for intussusception after a rotavirus vaccine. On June 21, 2018, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to compensation for P.A., in that she met the Table criteria for intussusception after a rotavirus vaccine.

II. Items of Compensation and Form of the Award

Based upon the evidence of record, respondent proffers, and the parties recommend, that compensation be made through a lump sum and future annuity payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:1

A. Medicaid Lien

Respondent proffers that P.A. should be awarded funds to satisfy the State of New York Medicaid lien in the amount of $4,879.52, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of New York may have against any individual as a result of any Medicaid payments that the State of New York has made to or on behalf of P.A. 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 February 28, 2017, under Title XIX of the Social Security Act. Reimbursement of the State of New York lien shall be made through a lump sum payment of $4,879.52, representing compensation for satisfaction of the State of New York lien, payable jointly to petitioner and

Petitioner agrees to endorse this payment to the New York State Department of Health.

B. Annuity

An amount sufficient to purchase an annuity contract,2 paid to the life insurance company3 from which the annuity will be purchased,4 subject to the conditions described below, that will provide payments to P.A. as set forth below:

Beginning October 23, 2034, $22,893.46 per year for four years certain. Should P.A. predecease any of the certain payments set forth above, said payments shall be made to her estate. Written notice to the Secretary of Health and Human Services and to the Life Insurance Company shall be provided within twenty (20) days of P.A.'s death.

This amount represents all elements of compensation to which P.A. would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.5

III. Summary of Recommended Payments Following Judgment