DECISION AWARDING DAMAGES AND ATTORNEYS' FEES AND COSTS1

DENISE K. VOWELL, Chief Special Master.

On November 21, 2014, Jose Guadalupe Garcia, II filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.,2 [the "Vaccine Act" or "Program"]. Petitioner alleges that he suffered injuries resulting from fainting after receiving the meningitis vaccine on December 26, 2012. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On February 6, 2015, I issued a ruling on entitlement, finding petitioner entitled to compensation. On June 2, 2015, respondent filed a proffer on award of compensation ["Proffer"] detailing compensation in the amount of $7,091.00 for future un-reimbursable medical expenses, $69,112.54 for actual and projected pain and suffering, and $23,796.46 for past un-reimbursable expenses for a total of $100,000.00. Proffer at 1-2. Respondent averred that petitioner agreed to the amounts set forth therein. Id. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

The proffer also included an award of attorneys' fees and costs in the amount of $16,775.55 to which petitioner agreed. Proffer at 2. The proffer indicates that "petitioner intends to file a statement confirming that he incurred no out-of-pocket expenses in proceeding on the petition." Id. This statement is sufficient for compliance with General Order #9.

The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300 aa-15(e). I find the proposed total amount of $16,775.55 to be reasonable.

Pursuant to the terms stated in the attached Proffer, I award petitioner a payment of $116,775.55 as follows:

a. a lump sum payment of $100,000.00 in the form of a check payable solely to petitioner, Jose Guadalupe Garcia, II;

b. a lump sum payment of $16,775.55 in the form of a check payable jointly to petitioner, Jose Guadalupe Garcia, II and petitioner's counsel, Larry Lee Thweatt, Jr.

The clerk of the court is directed to enter judgment in accordance with this decision.2

RESPONDENT'S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Future Un-Reimbursable Medical Expenses

Respondent proffers that, based on the evidence of record, petitioner is likely to incur $7,091.00 in future un-reimbursable medical expenses, representing the cost of oral surgery as a result of his vaccine-related injury. See 42 U.S.C. § 300aa-15(a)(1)(A). Petitioner agrees.

B. Lost Earnings

The parties agree that based upon the evidence of record, it is unlikely that petitioner's vaccine-related injury will impact his future earnings capacity. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that petitioner should be awarded $69,112.54 in actual and projected pain and suffering. See 42 U.S.C. § 300aa-15(a)(4), (f)(4)(A). Petitioner agrees.

D. Past Un-reimbursable Expenses

Evidence supplied by petitioner documents his expenditure of past un-reimbursable expenses related to his vaccine-related injury. 42 U.S.C. § 300aa-15(a)(1)(B). Respondent proffers that petitioner should be awarded past un-reimbursable expenses in the amount of $23,796.46. Petitioner agrees.

E. Medicaid Lien

Petitioner represents that there are no Medicaid liens outstanding against him.

F. Attorneys' Fees and Costs

Petitioner has supplied documentation of reasonable attorneys' fees and litigation costs in the amount of $16,775.55 incurred in pursuit of this petition. In compliance with General Order #9, petitioner intends to file a statement confirming that he incurred no out-of-pocket expenses in proceeding on the petition. Respondent proffers that petitioner should be awarded $16,775.55 for attorneys' fees and costs, as provided under 42 U.S.C. § 300aa-15(e)(1). Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a lump sum payment as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:1

1. Guardianship

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

III. Summary of Recommended Payments Following Judgment