NORA BETH DORSEY, Chief Special Master.
On March 9, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On August 18, 2017, the undersigned issued a ruling on entitlement, finding petitioner entitled to compensation for GBS. On September 7, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a lump sum payment of $341,270.93, representing compensation for life care expenses expected to be incurred during the first year after judgment ($87,067.33), lost earnings ($67,554.68), pain and suffering ($172,260.31), and past unreimbursable expenses ($14,388.61); $732.16 to satisfy two State of Florida Medicaid liens; and an amount sufficient to purchase an annuity contract, as described in Proffer Section II.D. Proffer at 1-5. In the Proffer, respondent represented that petitioner agrees with the proffered award. Id.
Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer.
The clerk of the court is directed to enter judgment in accordance with this decision.
On March 9, 2016, Alan L. Jones ("petitioner") filed a petition for compensation ("Petition") under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to-34 ("Vaccine Act" or "Act"), as amended. Respondent did not contest petitioner's entitlement to compensation in his Rule 4(c) Report, filed on August 18, 2017. On August 18, 2017, the Chief Special Master found petitioner entitled to compensation.
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLP, and petitioner engaged Roberta Hurley, B.S., Ed., to provide an estimation of Alan L. Jones's future vaccine-injury related needs. All items of compensation identified in the life care plan are supported by the evidence, and are illustrated by the chart entitled Appendix A: Items of Compensation for Alan L. Jones, attached hereto as Tab A.
The parties agree that based upon the evidence of record, Alan L. Jones has suffered past loss of earnings and will suffer a loss of earnings in the future. Therefore, respondent proffers that Alan L. Jones should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Respondent proffers that the appropriate award for Alan L. Jones's lost earnings is $67,554.68. Petitioner agrees.
Respondent proffers that Alan L. Jones should be awarded $172,260.31 in actual and projected pain and suffering. This amount reflects that any award for projected pain and suffering has been reduced to net present value.
Evidence supplied by petitioner documents Alan L. Jones's expenditure of past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $14,388.61. Petitioner agrees.
Respondent proffers that Alan L. Jones should be awarded funds to satisfy two State of Florida liens for a total amount of $732.16, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the State of Florida may have against any individual as a result of any Medicaid payments the State of Florida has made to or on behalf of Alan L. Jones 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 October 16, 2014, under Title XIX of the Social Security Act. Petitioner agrees to endorse these payments to the State.
The parties recommend that the compensation provided to Alan L. Jones should be made through a combination of lump sum payments 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 payment of $341.270.93, representing compensation for life care expenses expected to be incurred during the first year after judgment ($87,067.33), lost earnings ($67,554.68), pain and suffering ($172,260.31), and past unreimbursable expenses ($14,388.61), in the form of a check payable to petitioner, Alan L. Jones.
B. A lump sum payment of $717.36, representing compensation for satisfaction of a State of Florida Medicaid lien, payable jointly to petitioner and
C. A lump sum payment of $14.80, representing compensation for satisfaction of a State of Florida Medicaid lien, payable jointly to petitioner and
D. An amount sufficient to purchase an annuity contract,
Respondent proffers that a three percent (3%) growth rate should be applied to all non-medical life care items, and a five percent (5%) growth rate should be applied to all medical life care items. Thus, the benefits illustrated in the chart at Tab A that are to be paid through annuity payments should grow as follows: three percent (3%) compounded annually from the date of judgment for non-medical items, and five percent (5%) compounded annually from the date of judgment for medical items. Petitioner agrees.
Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as he, Alan L. Jones, is alive at the time that a particular payment is due. Written notice shall be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of Alan L. Jones's death.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Note: Compensation Year 1 consists of the 12 month period following the date of judgment. Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment. As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care expenses ($87,067.33), lost earnings ($67,554.68), pain and suffering ($172,260.31), and past unreimbursable expenses ($14,388.61): $341,270.93.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and the lienholder, as reimbursement of the state's Medicaid lien: $717.36. Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment. Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment. Items denoted with an asterisk (*) covered by health insurance and/or Medicare. Items denoted with an "M" payable in twelve monthly installments totaling the annual amount indicated.
