Filed: Oct. 13, 2015
Latest Update: Oct. 13, 2015
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 11, 2015, James and Joy Perales ("petitioners") filed a petition for compensation on behalf of J.P., their minor child, under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act" or "Program"). The petition alleged that as a result of a rotavirus vaccination on May 12, 2014, J.P. suffered an intussusception requiring surgical intervention. Petition at 1, 3. The
Summary: DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 11, 2015, James and Joy Perales ("petitioners") filed a petition for compensation on behalf of J.P., their minor child, under the National Vaccine Injury Compensation Program, 42 U.S.C. 300aa-10, et seq., 2 (the "Vaccine Act" or "Program"). The petition alleged that as a result of a rotavirus vaccination on May 12, 2014, J.P. suffered an intussusception requiring surgical intervention. Petition at 1, 3. The c..
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DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On May 11, 2015, James and Joy Perales ("petitioners") filed a petition for compensation on behalf of J.P., their minor child, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.,2 (the "Vaccine Act" or "Program"). The petition alleged that as a result of a rotavirus vaccination on May 12, 2014, J.P. suffered an intussusception requiring surgical intervention. Petition at 1, 3. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 13, 2015, I issued a ruling on entitlement, finding petitioners entitled to compensation. On October 12, 2015, respondent filed a proffer on award of compensation ("Proffer"). Respondent proffers that, based upon her review of the evidence of record, petitioners should be awarded $2,163.32 for past unreimbursable expenses and an amount sufficient to purchase an annuity contract as described in Proffer Section II.B. Petitioners agree with the amounts set forth in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards the following:
• A lump sum payment of $2,163.32 in the form of a check payable to petitioners for past unreimbursable vaccine-related medical expenses. This amount represents all elements of compensation to which J.P. would be entitled under § 300aa-15(a)(1)(B);
• An amount sufficient to purchase the annuity contract described in the Proffer Section II.B. This amount represents all remaining elements of compensation to which J.P. would be entitled under § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT herewith.3
RESPONDENT'S PROFFER ON COMPENSATION
I. Items of Compensation
A. Future Unreimbursable Expenses
The parties agree that based upon the evidence of record, J.P. will not require future medical or rehabilitative care for his vaccine-related injury. Therefore, respondent proffers that petitioners should not be awarded future unreimbursable expenses on J.P.'s behalf under 42 U.S.C. § 300aa-15(a)(1). Petitioners agree.
B. Lost Future Earnings
The parties agree that based upon the evidence of record, J.P. will not suffer a loss of earnings capacity as a result of his vaccine-related injury. Therefore, respondent proffers that petitioners should not be awarded anticipated loss of earnings on J.P.'s behalf under 42 U.S.C. § 300aa-15(a)(3)(B). Petitioners agree.
C. Pain and Suffering
Respondent proffers that J.P. should be awarded compensation for actual pain and suffering for his vaccine-related injury under 42 U.S.C. § 300aa-15(a)(4). Such compensation shall be in the form of an annuity as forth in section II.B. below. The parties agree that it is unlikely that J.P.'s vaccine-related injury will cause him pain and suffering in the future. Petitioners agree.
D. Past Unreimbursable Expenses
Documents supplied by petitioners show that they have incurred past unreimbursable expenses as a result of J.P.'s vaccine-related injury. Respondent proffers that petitioners should be awarded $2,163.32 for past unreimbursable expenses. Petitioners agree.
E. Medicaid Lien
Petitioners represent that there is no Medicaid lien outstanding against J.P. for care associated with his vaccine-related injury.
II. Form of the Award
Based upon the evidence of record, respondent proffers, and the parties recommend, that compensation be made through a combination of a lump sum and future annuity payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following:
A. A lump sum of $2,163.32 paid to petitioners, representing compensation for past unreimbursable vaccine-related medical expenses. This amount represents all elements of compensation to which J.P. would be entitled under 42 U.S.C. § 300aa-15(a)(1)(B). Petitioners agree.
B. An amount sufficient to purchase an annuity contract,1 paid to the life insurance company2 from which the annuity will be purchased,3 subject to the conditions described below, that will provide payments to J.P. as set forth below:
1. Beginning March 12, 2032, $6,941.67 payable annually for ten (10) years certain only.
This amount represents all remaining elements of compensation to which J.P. would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners agree.4
Should J.P. predecease any of the certain payments set forth above, said payments shall be made to his estate. Written notice to the Secretary of Health and Human Services and to the Life Insurance Company shall be provided within twenty (20) days of J.P.'s death.
III. Summary of Recommended Payments Following Judgment
A. Lump sum paid to petitioners for past expenses: $ 2,163.32
B. An amount sufficient to purchase the annuity contract described above in section II. B.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4099
Date: October 12, 2015.
