NORA BETH DORSEY, Chief Special Master:
On November 17, 2015, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On June 29, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her injury. On June 30, 2017, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded all items of compensation set forth in the life care plan and illustrated by the chart attached to the Proffer at Tab A. 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,
This amount represents compensation for all damages that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this decision.
Respondent engaged life care planner Linda Curtis, RN, MS, CCM, CNLP, and petitioner engaged Roberta Hurley, B.S., Ed., to provide an estimation of Dawnita Noble's future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine related" is as described in the respondent's Rule 4(c) Report, filed June 28, 2017. 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 Dawnita Noble, attached hereto as Tab A.
The parties agree that based upon the evidence of record, Dawnita Noble has suffered past loss of earnings and will suffer a loss of earnings in the future. Therefore, respondent proffers that Dawnita Noble 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 Dawnita Noble's lost earnings is $87,982.31. Petitioner agrees.
Respondent proffers that Dawnita Noble should be awarded $190,000.00 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.
Petitioner represents that she is not submitting a claim for past unreimbursable expenses.
Respondent proffers that Dawnita Noble should be awarded funds to satisfy a SUNFLOWER HEALTH PLAN lien in the amount of $456.55, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action that the SUNFLOWER HEALTH PLAN may have against any individual as a result of any Medicaid payments the SUNFLOWER HEALTH PLAN has made to or on behalf of Dawnita Noble from the date of her eligibility for benefits through the date of judgment in this case as a result of her vaccine-related injury suffered on or about October 24, 2014, under Title XIX of the Social Security Act.
The parties recommend that the compensation provided to Dawnita Noble 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 $313,393.96, representing compensation for life care expenses expected to be incurred during the first year after judgment ($35,411.65); lost earnings ($87,982.31); and pain and suffering ($190,000.00), in the form of a check payable to petitioner, Dawnita Noble.
B. A lump sum payment of $456.55, representing compensation for satisfaction of the SUNFLOWER HEALTH PLAN Medicaid lien, payable jointly to petitioner and
C. An amount sufficient to purchase an annuity contract,
Respondent proffers that a four percent (4%) 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: four percent (4%) 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 she, Dawnita Noble, 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 Dawnita Noble'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 ($35,411.65), lost earnings ($87,982.31), and pain and suffering ($190,000.00): $313,393.96. As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and SUNFLOWER HEALTH PLAN, as reimbursement of the SUNFLOWER HEALTH PLAN lien: $456.55. 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.
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 ($35,411.65), lost earnings ($87,982.31), and pain and suffering ($190,000.00): $313,393.96. As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and SUNFLOWER HEALTH PLAN, as reimbursement of the SUNFLOWER HEALTH PLAN lien: $456.55. 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.
