UNPUBLISHED

NORA BETH DORSEY, Chief Special Master.

DECISION AWARDING DAMAGES2

On September 23, 2010, Ann Roberts ("petitioner"), as the parent and natural guardian of M.R., a minor, filed a petition pursuant to the National Vaccine Injury Compensation Program.3 42 U.S.C. §§ 300aa-1 to 34 (2012). Petitioner alleged that diphtheria-tetanus-acellular-pertussis ("DTaP"), measles-mumps-rubella ("MMR"), haemophilus influenza type B ("Hib"), and varicella vaccinations on February 21, 2008, and a Prevnar vaccination on March 17, 2008, caused M.R. to suffer from a seizure disorder. Petition at 1-2. The undersigned issued a Ruling on Entitlement on September 24, 2014, finding petitioner entitled to compensation based on an injury caused-in-fact by a covered vaccine.

On April 22, 2016, respondent filed a Proffer on an award of compensation, indicating that petitioner has agreed to compensation as follows: $160,000.00 in actual and projected pain and suffering; $45,732.29 in past unreimbursable expenses; and $8,816.20 to satisfy the State of Kansas Medicaid lien. Proffer at ¶ IA-D.

Pursuant to the terms in the Proffer, attached hereto as Appendix A, the undersigned awards petitioner the following compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a):

The clerk of the court shall enter judgment in accordance herewith.4

IT IS SO ORDERED.

RESPONDENT'S PROFFER OF DAMAGES

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that M.R. should be awarded $160,000.00 in 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 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Petitioner has provided evidence of past unreimbursable expenses related to M.R.'s vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $45,732.29. Petitioner agrees.

C. Lost Wages

The parties agree that based upon the evidence of record, M.R.'s vaccine-related injury has not impaired his earning capacity. Therefore, respondent proffers that petitioner should be awarded no lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

D. Medicaid Lien

Respondent proffers that M.R. should be awarded funds to satisfy the State of Kansas lien in the amount of $8,816.20, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Kansas may have against any individual as a result of any Medicaid payments the State of Kansas has made to or on behalf of M.R. from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury suffered on or about February 21, 2008, under Title XIX of the Social Security Act. Petitioner agrees.

II. Form of the Award

The parties recommend that 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

A. A lump sum payment of $160,000.00, representing compensation for pain and suffering, in the form of a check payable to petitioner as guardian/conservator of M.R., for the benefit of M.R.. No payments shall be made until petitioner provides respondent with documentation establishing that she has been appointed as the guardian/conservator of M.R.'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of M.R., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of M.R. upon submission of written documentation of such appointment to the Secretary;

B. A lump sum payment of $45,732.29 payable to petitioner, representing compensation for past unreimbursed expenses;

C. A lump sum payment of $8,816.20, representing compensation for satisfaction of the State of Kansas Medicaid lien, payable jointly to petitioner and

Petitioner agrees to endorse this payment to the State of Kansas.

III. Summary of Recommended Payments Following Judgment