Filed: Feb. 01, 2019
Latest Update: Feb. 01, 2019
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 31, 2016, Sarah Graham ("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 Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to her on October 11, 2015. Petition at 1. The case was assigned to the Special Processing Un
Summary: UNPUBLISHED DECISION AWARDING DAMAGES 1 NORA BETH DORSEY , Chief Special Master . On May 31, 2016, Sarah Graham ("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 Guillain-Barr syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to her on October 11, 2015. Petition at 1. The case was assigned to the Special Processing Uni..
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UNPUBLISHED
DECISION AWARDING DAMAGES1
NORA BETH DORSEY, Chief Special Master.
On May 31, 2016, Sarah Graham ("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 Guillain-Barré syndrome ("GBS") as a result of an influenza ("flu") vaccine administered to her on October 11, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On November 8, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation. On January 29, 2019, respondent filed a proffer on award of compensation ("Proffer") indicating petitioner should be awarded a lump sum payment of $2,282,465.84, representing compensation for life care expenses expected to be incurred during the first year after judgment ($44,070.86), lost earnings ($1,918,333.00), pain and suffering ($240,000.00), past unreimbursable expenses ($80,061.98), and an amount sufficient to purchase the annuity contract described in section II.B of the attached Proffer. Proffer at 5. In the Proffer, respondent represents 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 undersigned awards the following:
A. A lump sum payment of $2,282,465.84 representing compensation for life care expenses expected to be incurred during the first year after judgment ($44,070.86), lost earnings ($1,918,333.00), pain and suffering ($240,000.00), and past unreimbursable expenses ($80,061.98), in the form of a check payable to petitioner, Sarah Graham, and
B. An amount sufficient to purchase the annuity contract described in section II.B. of the attached Proffer.
These amounts represent compensation for all damages that would be available under § 15(a). The clerk of the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
