NORA BETH DORSEY, Chief Special Master.
On July 29, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On December 10, 2015, a ruling on entitlement was issued, finding petitioner entitled to compensation for adhesive capsulitis. On June 17, 2016, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $85,000.00 in actual and projected pain and suffering, and $11,223.27 in damages for past unreimbursed expenses. Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer,
The clerk of the court is directed to enter judgment in accordance with this decision.
For the purposes of this proffer, the term "vaccine-related" is as described in Respondent's Rule 4(c) Report filed on November 9, 2015. This proffer contains all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Respondent proffers that petitioner should be awarded $85,000.00 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.
Petitioner has submitted documentation for $11,223.27 in unreimbursed expenses in this case, to which respondent has no objection. Thus respondent proffers that petitioner should be awarded $11,227.27 for past unreimbursed expenses. Petitioner agrees.
The parties agree that based upon the evidence of record, petitioner'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.
The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $96,223.27 in the form of a check payable to petitioner. The payment consists of $85,000.00 in past and future pain and suffering, and $11,223.27 in past unreimbursed expenses.