DECISION ON DAMAGES1

THOMAS L. GOWEN, Special Master.

On February 18, 2014, Kenneth H. Barrett and Tammy Barrett ("petitioners") filed a petition under the National Vaccine Injury Compensation Program ("Vaccine Act" or the "Program"),2 on behalf of their deceased infant son, J.H.B. Petitioners alleged that as a result of receiving numerous childhood vaccines on August 28, 2013, J.H.B. died from pneumonia on August 31, 2013. Petition at ¶¶ 12-14; Amended Petition at ¶¶ 12-14.3 On May 6, 2014, respondent filed a Rule 4(c) report recommending against compensation. The parties submitted expert reports, as well as expert testimony during a hearing. On September 6, 2017, I ruled that petitioners had established entitlement to compensation based on a theory of causation in fact. Ruling on Entitlement (ECF No. 55).

On December 13, 2017, respondent filed a Proffer on an award of compensation. (ECF No. 61). The Proffer is attached hereto as Appendix A. Consistent with the terms of the Proffer, I hereby award the following compensation:

1) A lump sum payment of $310,000 (representing compensation for the statutory death benefit ($250,000) and pain and suffering ($60,000)) in the form of a check payable jointly to petitioners.

This amount represents 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 with this decision.4

IT IS SO ORDERED.

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On February 18, 2014, Kenneth H. Barrett and Tammy Barrett ("petitioners"), as representatives of their deceased son, JHB, filed a Petition ("Petition") for compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 to -34 ("Vaccine Act"). Petitioners allege that JHB died as a result of receiving childhood vaccines administered on August 28, 2013.2 Petition at 3.

On May 6, 2014, respondent filed a Vaccine Rule 4(c) Report, and on September 6, 2017, the Court found petitioners entitled to compensation based on a theory of causation-in-fact.

II. Items of Compensation

A. Statutory Death Benefit

Respondent proffers that petitioners should be awarded $250,000.00 pursuant to the death benefit provided for in the Vaccine Act. Petitioners agree.

B. Pain and Suffering

Respondent proffers that petitioners should be awarded $60,000.00 in actual pain and suffering. Petitioners agree.

III. Form of the Award

Respondent recommends that the compensation provided to petitioners should be made through a lump sum payment as described below, and requests that the Special Master's decision and the Court's judgment award the following:

A lump sum payment of $310,000.00, representing compensation for the statutory death benefit ($250,000.00) and pain and suffering ($60,000.00), in the form of a check payable jointly to petitioners.