UNPUBLISHED

DECISION AWARDING DAMAGES1

NORA BETH DORSEY, Chief Special Master.

On April 19, 2016, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the "Vaccine Act"). Petitioner alleges that she suffered injuries resulting from adverse effects of a tetanus, diphtheria, and pertussis ("Tdap") vaccination, received on September 9, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 24, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for encephalitis. On April 23, 2018, respondent filed a proffer on award of compensation ("Proffer")3 indicating petitioner should be awarded all items of compensation listed in an attached summary of a life care plan, $185,000.00 for actual and projected pain, suffering, and emotional distress, which amount reflects a reduction to net present value, and $8,059.00 for past unreimbursable expenses. Proffer at 4-5. 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 undersigned awards:

These amounts represent 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.4

IT IS SO ORDERED.

PROFFER ON AWARD OF COMPENSATION

Respondent submits the following recommendations regarding items of compensation to be awarded under the Vaccine Act.

I. Items of Compensation

A. Life Care Items

The parties engaged life care planners Roberta Hurley, Hurley Consulting, and Linda Curtis, RN, MS CCM, CNLCP, to provide an estimation of petitioner's future vaccine-injury related needs. Based on the planners' evaluations, the parties' have come to a joint consensus regarding appropriate items of care. All items of compensation identified by the parties' life care plan are supported by the evidence, and are illustrated by the chart entitled Summary of Life Care Items, attached hereto as Tab A. Respondent proffers that petitioner should be awarded all items of compensation set forth in the life care plan and illustrated by the chart attached at Tab A. Petitioner agrees.

B. Lost Future Earnings

The parties agree that based upon the evidence of record, petitioner was not gainfully employed at the time of her vaccine injury. Therefore, respondent proffers that petitioner should not be awarded lost past and future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.

C. Pain and Suffering

Respondent proffers that petitioner should be awarded $185,000.00 for actual and projected pain, suffering, and emotional distress. See 42 U.S.C. § 300aa-15(a)(4). This amount reflects that the award for projected pain and suffering has been reduced to net present value. Petitioner agrees.

D. PastUnreimbursableExpenses

Evidence supplied by petitioner documents her expenditure of past un-reimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past un-reimbursable expenses in the amount of $8,059.00. Petitioner agrees.

II. Form of the Award

The parties recommend that the compensation provided to petitioner should be made through a combination of a one-time lump sum payment and future annuity payments as described below, and request that the Chief Special Master's decision and the Court's judgment award the following for all compensation1 available under 42 U.S.C. § 300aa-15(a).

Respondent proffers and petitioner agrees that an award of compensation include the following elements:

A. A lump sum payment of $262,060.00, representing compensation for pain and suffering ($185,000.00), past un-reimbursable expenses ($8,059.00), and life care expenses for Year One ($69,001.00), in the form of a check payable to petitioner; and

B. An amount sufficient to purchase an annuity contract,2 subject to the conditions described below, that will provide payments for the life care items contained in the life care plan, as illustrated by the chart at Tab A, attached hereto, and paid to the life insurance company3 from which the annuity will be purchased.4 Compensation for Year Two (beginning on the first anniversary of the date of judgment) and all subsequent years shall be provided through respondent's purchase of an annuity, which annuity shall make payments directly to petitioner, only so long as petitioner is alive at the time a particular payment is due. At the Secretary's sole discretion, the periodic payments may be provided to petitioner in monthly, quarterly, annual or other installments. Annual totals set forth in the far-right column of the chart at Tab A describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual installment.

1. Growth Rate

Respondent proffers that a five percent (5%) growth rate should be applied to life care items pertaining to insurance coverage and medical care, and a four percent (4%) growth rate should be applied to all remaining 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: five percent (5%) compounded annually from the date of judgment for insurance and medical care (illustrated in the first two columns of Tab A), and four percent (4%) compounded annually from the date of judgment for all remaining items.

2. Life-Contingent Annuity

Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as petitioner is alive at the time that a particular payment is due. Petitioner's estate shall provide written notice to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of petitioner's death.

3. Guardianship Issues

Petitioner is a legally competent adult. Evidence of guardianship is not required in this case.

III. Summary of Recommended Payments Following Judgment