DECISION AWARDING DAMAGES1

LISA D. HAMILTON-FIELDMAN, Special Master.

On November 22, 2013, Petitioner, Charles W. Brown, filed a petition seeking compensation under the National Vaccine Injury Compensation Program ("the Vacci ne Program"). Petitioner, as administrator of the Estate of Kathryn C. Brown, alleged that the administration of a varicell a vaccination administered on January 16, 2012, caused Kathryn C. Brown to suffer death.2

The parties agreed and submitted in a proffer, filed on June 17, 2014, that based on the evidence of record, Petitioner should be awarded $400,000.00. This amount represents all elements of compensation to which Petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(B); and 15(a)(4).

The undersigned finds said proffer reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The proffer awards:

Proffer Section II, Ill.

The undersigned approves the requested amounts for Petitioner's compensation. 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.3

IT SO ORDERED.

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

On November 22, 2013, in his capacity as the administrator of Kathryn Brown's estate, Charles W. Brown ("petitioner") filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. § 300aa-1 et seq. ("Vaccine Act"). He alleges that Kathryn C. Brown's January 16, 2012, varicella vaccination resulted in disseminated varicella zoster virus and ultimately caused her death. See Petition ("Pet.") at 2. Petitioner alleges a theory based on causation-in-fact. The Secretary of Health and Human Services ("respondent") filed a Vaccine Rule 4(c) Report, conceding that Kathryn's varicella vaccination caused her disseminated varicella zoster virus and her death. Respondent hereby submits the following proffer regarding the award of compensation. This proffer does not address final attorneys' fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys' fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating documentation.

I. Items of Compensation

A. Future Medical Care Expenses

As this is a death case, petitioner is not entitled to an award for projected unreimbursable medical care expenses incurred from the date of judgment as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

B. Lost Future Earnings

Based upon the evidence of record, respondent proffers that petitioner, as Legal Representative of the Estate of Kathryn C. Brown, is not entitled to an award for lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that petitioner, as Legal Representative of the Estate of Kathryn C. Brown, should be awarded $150,000.00 for Kathryn's actual pain and suffering as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

D. Past Unreimburseable Expenses

Based upon the evidence of record, respondent proffers that petitioner, as Legal Representative of the Estate of Kathryn C. Brown, is not entitled to an award of past unreimbursable expenses stemming from Kathryn's vaccine-related injury, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.

E. Death Benefit

Respondent proffers that petitioner, as Legal Representative of the Estate of Kathryn C. Brown, is entitled to the $250,000.00 death benefit pursuant to 42 U.S.C. § 300aa-15(a)(2). Petitioner agrees.

F. Medicaid Lien

Petitioner represents that there are no outstanding Medicaid liens related to Kathryn's vaccine-related injury or death.

II. Form of the Award

The parties recommend that the compensation provided to Charles W. Brown, as Legal Representative of the Estate of Kathryn C. Brown, should be made through lump sum payments and request that the special master's decision and the Court's judgment award the following:

A. A lump sum payment of $250,000.00, representing compensation for Kathryn's death, pursuant to 42 U.S.C. § 300aa-15(a)(2), made payable to Charles W. Brown, as Legal Representative of the Estate of Kathryn C. Brown; and

B. A lump sum payment of $150,000.00, which amount represents compensation for all other damages available under 42 U.S.C. § 300aa-15(a), payable to Charles W. Brown, as Legal Representative of the Estate of Kathryn C. Brown.

Petitioner represents that he presently is, or within 90 days of the date of judgment will become, duly authorized to serve as Legal Representative of Kathryn C. Brown's estate under the laws of the State of Kansas. No payments pursuant to this Proffer shall be made until petitioner provides the Secretary with documentation establishing his appointment as Legal Representative of Kathryn C. Brown's estate. If petitioner is not authorized by a court of competent jurisdiction to serve as Legal Representative of the estate of Kathryn C. Brown at the time a payment pursuant to this Proffer is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as Legal Representative(s) of the estate of Kathryn C. Brown upon submission of written documentation of such appointment to the Secretary.

III. Summary of Recommended Payments Following Judgment