NORA BETH DORSEY, Chief Special Master.
On September 22, 2016, petitioners filed a petition for compensation, on behalf of their minor child, J.B., under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the "Vaccine Act"). Petitioners allege that J.B. suffered Guillain-Barre Syndrome ("GBS") as a result of his October 14, 2015 influenza ("flu") vaccine. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 31, 2018, a ruling on entitlement was issued, finding petitioners entitled to compensation for GBS. On June 29, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating that compensation should be awarded as follows: a lump sum payment of $147,312.00, representing compensation for life care expenses for Year One ($7,312.00) and pain and suffering ($140,000.00), in the form of a check payable to petitioners as guardian(s)/conservator(s) of the estate of J.B., for the benefit of J.B.; a lump sum payment of $28,290.49, representing compensation for past unreimbursable expenses, in the form of a check payable to petitioners; and an amount sufficient to purchase an annuity contract for life care items, subject to the conditions described in respondent's Proffer, that will provide payments for the life care items contained in the life care plan, attached as Tab A to respondent's Proffer attached hereto, paid to the life insurance company from which the annuity will be purchased. Proffer at 1-5.
In the Proffer, respondent represented that petitioners agree with the proffered award. Based on the record as a whole, the undersigned finds that petitioners are entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer,
This amount represents compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLP, and petitioners engaged Brook Feerick, RN, CCM, CNLP, to provide an estimation of J.B.'s future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine related" is as described in respondent's Rule 4(c) Report, filed May 31, 2018. On that date, respondent conceded that J.B. suffered from Guillain Barre syndrome as a result of an influenza vaccine he received on October 14, 2015. The Chief Special Master issued a Decision on Entitlement on the same day. All items of compensation identified in the life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for J.B., attached hereto as Tab A.
The parties agree that based upon the evidence of record, J.B. will likely be gainfully employed in the future. Therefore, respondent proffers that J.B. should not be awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). Petitioners agree.
Respondent proffers that J.B. should be awarded $140,000.00 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.
Evidence supplied by petitioners documents their expenditure of past unreimbursable expenses related to J.B.'s vaccine-related injury. Respondent proffers that petitioners should be awarded past unreimbursable expenses in the amount of $28,290.49. Petitioners agree.
The parties recommend that the compensation provided to J.B. should be made through a combination of lump sum payments and future annuity payments as described below, and request that the Special Master's decision and the Court's judgment award the following:
A. A lump sum payment of $147,312.00, representing compensation for life care expenses for Year One ($7,312.00) and pain and suffering ($140,000.00), in the form of a check payable to petitioners as guardian(s)/conservator(s) of the estate of J.B., for the benefit of J.B.
B. A lump sum payment of $28,290.49, representing compensation for past unreimbursable expenses, in the form of a check payable to petitioners.
C. An amount sufficient to purchase the annuity contract for life care items,
Respondent proffers that a three percent (3%) growth rate should be applied to all non-medical life care items, and a four percent (4%) 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: three percent (3%) compounded annually from the date of judgment for non-medical items, and four percent (4%) compounded annually from the date of judgment for medical items. Petitioners agree.
Petitioners will continue to receive the annuity payments for life care items from the Life Insurance Company only so long as J.B. is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of J.B.'s death.
No payments shall be made until petitioners provide respondent with documentation establishing that they have been appointed as the guardian(s)/conservator(s) of J.B.'s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as guardian(s)/ conservator(s) of the estate of J.B., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of J.B. upon submission of written documentation of such appointment to the Secretary.
Note: Compensation Year 1 consists of the 12 month period following the date of judgment. Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to the court-appointed guardian(s)/ conservators(s) of the estate of J.B. for the benefit of J.B. for Year 1 life care expenses ($7,312.00) and pain and suffering ($140,000.00): $147,312.00. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioners, Ipuna Black and Kline Black, for past un-reimbursable expenses: $28,290.49. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment. Annual amounts shall increase at the rates indicated in column "G.R." above, compounded annually from the date of judgment. Items denoted with an "M" payable in 12 monthly installments at the discretion of respondent.
