Filed: Mar. 23, 2017
Latest Update: Mar. 23, 2017
Summary: Not to be published DECISION 1 GEORGE L. HASTINGS, Jr. , Special Master . This is an action seeking an award under the National Vaccine Injury Compensation Program 2 on account of an injury suffered by Warren K. Bailey. On February 16, 2017, Respondent filed a report conceding that Petitioner is entitled to compensation in this case. After discussions between the parties, on March 21, 2017, Respondent filed a "Proffer on Award of Compensation." Petitioner's counsel, Paul Dannenberg, co
Summary: Not to be published DECISION 1 GEORGE L. HASTINGS, Jr. , Special Master . This is an action seeking an award under the National Vaccine Injury Compensation Program 2 on account of an injury suffered by Warren K. Bailey. On February 16, 2017, Respondent filed a report conceding that Petitioner is entitled to compensation in this case. After discussions between the parties, on March 21, 2017, Respondent filed a "Proffer on Award of Compensation." Petitioner's counsel, Paul Dannenberg, con..
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Not to be published
DECISION1
GEORGE L. HASTINGS, Jr., Special Master.
This is an action seeking an award under the National Vaccine Injury Compensation Program2 on account of an injury suffered by Warren K. Bailey. On February 16, 2017, Respondent filed a report conceding that Petitioner is entitled to compensation in this case.
After discussions between the parties, on March 21, 2017, Respondent filed a "Proffer on Award of Compensation." Petitioner's counsel, Paul Dannenberg, contacted a member of my staff by e-mail, on March 22, 2017, to indicate that Petitioner accepts Respondent's Proffer as a reasonable measure of the amount of the award in this case.
I have reviewed the file, and based on that review, I conclude that the Respondent's Proffer appears to be an appropriate one, pursuant to § 300aa-15(b). (I have attached a copy of the Proffer to this decision.) I order that Respondent make a lump sum payment as described below.
• Respondent shall make a total lump sum payment of $125,000.00, in the form of a check payable to Petitioner, representing compensation for all damages that would be available under 42 U.S.C. §300aa-15(a).
Under the statute governing the Program, as well as the "Vaccine Rules" adopted by this court, the special master must now enter a decision endorsing that Proffer, and the clerk must enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3); § 300aa-13(a); Vaccine Rules 10(a), 11(a).3
Warren K. Bailey is entitled to an award under the Vaccine Act to provide compensation for her injury. The award shall be in the form of a lump sum payment, as provided above.
In the absence of a timely-filed motion for review of this Decision, the clerk shall enter judgment in accord with this Decision.
IT IS SO ORDERED.
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On February 16, 2017, respondent filed a Rule 4(c) Report in which she conceded entitlement. Respondent now proffers that petitioner receive an award of a lump sum of $125,000.00 in the form of a check payable to petitioner. This amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 This proffer does not address final attorneys' fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys' fees and litigation costs, to be determined at a later date upon petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $125,000.00 as representing all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
