UNPUBLISHED DECISION AWARDING DAMAGES1

CHRISTIAN J. MORAN, Special Master.

On August 2, 2012, Raul Gutierrez and Martha Gil filed a petition on behalf of their minor daughter, Michelle Gutierrez2, seeking compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 through 34 (2012), alleging that the human papillomavirus ("HPV") vaccination caused Michelle Gutierrez to suffer vasovagal syncope, a skull fracture, and post-concussion syndrome secondary to the vaccination.

On April 29, 2015, respondent filed a Proffer on Award of Compensation, to which petitioner agrees. Based upon the record as a whole, the special master finds the proffer reasonable and that petitioner is entitled to an award as stated in the Proffer. Pursuant to the attached Proffer, the court awards petitioner:

Petitioner agrees to endorse this payment to the Superior HealthPlan.

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 12-485V according to this decision and the attached proffer.3

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-6360.

IT IS SO ORDERED.

RESPONDENT'S PROFFER ON DAMAGES

Respondent submits the following recommendations regarding items of compensation to be awarded to petitioner under the Vaccine Act.

I. Items of Compensation

A. Future Medical Care Expenses

Respondent proffers that based on the evidence of record, Michelle Gutierrez ("petitioner") is not entitled to an award for future medical care expenses as provided under 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

B. Lost Earnings

Respondent proffers that based upon the evidence of record, petitioner has not and is not likely to suffer a loss of earnings as a result of her vaccine-related injury as provided under 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that the Court should award petitioner a lump sum of $60,000.00 for her actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See § 300aa-15(a)(4). Petitioner agrees.

D. Past Unreimbursable Expenses

Respondent proffers that based upon the evidence of record, petitioner did not incur any past unreimbursable expenses related to her vaccine-related injury. Petitioner agrees.

E. Medicaid Lien

Respondent proffers that petitioner should be awarded funds to satisfy the Superior HealthPlan lien in the amount of $10,998.60, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Superior HealthPlan may have against any individual as a result of any Medicaid payments the Superior HealthPlan has made to or on behalf of Michelle Gutierrez 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 August 6, 2009, under Title XIX of the Social Security Act.

F. Attorney's Fees and Costs

This proffer does not address final attorneys' fees and costs. Petitioner is entitled to reasonable attorneys' fees and costs, to be determined at a later date upon petitioner filing substantiating documentation.

II. Form of the Award

A. The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below and request that the Special Master's decision and the Court's judgment award the following: a lump sum payment of $60,000.00 (representing compensation for actual and projected pain and suffering), in the form of a check payable to petitioner.1

B. A lump sum payment of $10,998.60, representing compensation for satisfaction of the Superior HealthPlan lien, payable jointly to petitioner and

Petitioner agrees to endorse this payment to the Superior HealthPlan.

III. Summary of Recommended Payments Following Judgment