Not to be Published

DECISION AWARDING DAMAGES1

LAURA D. MILLMAN, Special Master.

On October 10, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10-34 (2012), alleging that influenza ("flu") vaccine administered on September 18, 2009 caused Mr. James C. McMurtry a Table Guillain-Barré syndrome ("GBS"). Pet. at ¶¶ 2 5. Petitioner claims that Mr. McMurtry succumbed to complications arising from GBS. Pet. Preamble. Mr. McMurtry died on November 25, 2009.

On August 30, 2018, respondent filed a Rule 4(c) Report stating "petitioner has satisfied all legal prerequisites for compensation under the Act" and "this case is appropriate for compensation under the terms of the Act." Resp't's Rep. at 2, 5.

On the same day, the undersigned issued a Ruling on Entitlement in petitioner's favor.

On September 10, 2018, respondent filed Respondent's Proffer on Award of Compensation. The undersigned finds the terms of the proffer to be reasonable. Based on the records as a whole, the undersigned finds that petitioner is entitled to the award as stated in the proffer. Pursuant to the terms stated in the attached proffer, the court awards a lump sum payment of $465,000.00, consisting of pain and suffering ($215,000.00) and the statutory death benefit ($250,000.00), representing all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $465,000.00 made payable 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.2

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On October 10, 2017, Elmer J. George, Executor of the Estate of James C. McMurtry, deceased ("petitioner"), filed a petition for vaccine injury compensation alleging that Mr. McMurtry suffered Guillain-Barre Syndrome ("GBS") and death. On August 30, 2018, respondent conceded that entitlement to compensation was appropriate under the terms of the Vaccine Act. The same day, Special Master Millman issued a Ruling on Entitlement, incorporating respondent's concession. The case is now in damages.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded $465,000.00, consisting of pain and suffering ($215,000.00) and the statutory death benefit ($250,000.00), which represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation be provided to petitioner through a lump sum payment of $465,000.00 in the form of a check payable to petitioner as the legal representative of the Estate of James C. McMurtry, deceased.1 Petitioner agrees.