NORA BETH DORSEY, Chief Special Master.
On December 20, 2017, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,
On October 30, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for her alleged injury. On December 17, 2018, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded $101,671.56, which includes $100,000.00 for actual and projected pain and suffering. Proffer at 1-2. 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. Id.
Pursuant to the terms stated in the attached Proffer,
The clerk of the court is directed to enter judgment in accordance with this decision.
On December 20, 2017, Faith Hoelzel ("petitioner") filed a Petition for Compensation ("petition") under the National Childhood Vaccine Injury Act of 1986, as amended ("the Vaccine Act" or "the Act"). 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that she suffered a syncopal episode upon receiving an influenza vaccine on December 23, 2014, which resulted in "injuries, including concussion, dental fractures, and permanent facial scarring." See Petition at 1. On October 29, 2018, the Secretary of Health and Human Services ("respondent") filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms of the Act, and the Chief Special Master issued a Ruling on Entitlement finding petitioner entitled to compensation on October 30, 2018. ECF No. 26; ECF No. 27.
Respondent proffers that Faith Hoelzel should be awarded $100,000.00 in actual and projected pain and suffering. This amount reflects that the award for projected pain and suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
Evidence supplied by petitioner documents Faith Hoelzel's expenditure of past unreimbursable expenses related to her vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $1,671.56, as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case. Respondent recommends that the compensation provided to Faith Hoelzel should be made through a lump sum payment as described below and requests that the Chief Special Master's decision and the Court's judgment award the following
Lump sum payable to petitioner, Faith Hoelzel: $101,671.56