UNPUBLISHED

DECISION ON DAMAGES1

THOMAS L. GOWEN, Special Master.

On August 21, 2013, Eric and Carol Cabrera ("petitioners"), on behalf of their minor child L.C., filed a petition under the National Vaccine Injury Compensation Program ("Vaccine Act" or the "Program").2 Petition (ECF No. 1). Petitioners alleged that as a result of receiving a diphtheria-tetanus-acellular pertussis ("DTaP") vaccine on August 30, 2010, L.C. developed juvenile idiopathic arthritis ("JIA"). Id. at ¶ 3-4. Respondent recommended against awarding compensation. Respondent's Report (ECF No. 27). Each party submitted expert reports. An entitlement hearing was held on November 19, 2015. Transcript (ECF No. 73). Following the submission of post-hearing briefs, on January 12, 2017, the undersigned issued a ruling that petitioners had established entitlement to compensation based on a theory of causation-in-fact. Ruling on Entitlement (ECF No. 82).

On May 21, 2019, respondent filed a proffer on an award of compensation, which indicates petitioners' agreement to compensation on the terms set forth therein. Proffer (ECF No. 153). The proffer is attached hereto as Appendix A.

Consistent with the terms of the proffer, I hereby award the following compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a):

Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the proffer and this opinion.3

IT IS SO ORDERED.

PROFFER ON AWARD OF COMPENSATION1

I. Procedural History

On August 21, 2013, Eric P. Cabrera and Carol Cabrera ("petitioners") filed a petition for compensation on behalf of their minor child, LC, under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-1 et seq. ("Vaccine Act"). Petitioners allege that, as a result of receiving the diphtheria-tetanus-acellular pertussis ("DTaP") vaccine on August 30, 2010, LC developed juvenile idiopathic arthritis ("JIA"). On September 26, 2014, respondent filed his Vaccine Rule 4(c) report, denying that entitlement to compensation was appropriate in this case. On January 12, 2017, the Special Master issued a ruling on entitlement, finding that petitioners were entitled to compensation for LC.

II. Items of Compensation

Petitioners allege entitlement to the following elements of compensation on behalf of LC: (1) past and future pain and suffering; (2) projected vaccine-related expenses; and, (3) past unreimbursed expenses.

Respondent proffers that, based on the Special Master's ruling on entitlement and the evidence of record, petitioners should be awarded the following damages:

To petitioners, as guardian(s)/conservator(s) of the Estate of LC, for LC's benefit:

To petitioners, Eric P. Cabrera and Carol Cabrera:

In addition, petitioners filed evidence from the State of Colorado confirming a Medicaid lien for payment of vaccine-injury medical expenses for LC, in the amount of $5,289.41. Respondent proffers that, based on the Special Master's ruling in entitlement and the evidence of record, petitioners should be awarded $5,289.41, in the form of a check payable jointly to petitioners and the Colorado Department of Health Care Policy and Financing, State I.D. No. P493554.2 These amounts represent all elements of compensation to which petitioners would be entitled under 42 U.S.C. § 300aa-15(a). Petitioners agree.

III. Form of the Award

Respondent recommends that compensation provided to petitioners be made through: (1) a lump sum payment of $223,697.00, via a check to petitioners as guardian(s)/conservator(s) of the Estate of LC, for LC's benefit; (2) a lump sum payment of $1,934.72, via a check payable to petitioners; and, (3) a lump sum payment of $5,289.41, via a check payable jointly to petitioners and the Colorado Department of Health Care Policy and Financing, Third Party Liability & Recoveries Section, 1570 Grant Street, Denver, CO 80203-1818, Attn: Erika L. Herrera, State I.D. No: P493554.3 Petitioners agree.