MINDY MICHAELS ROTH, Special Master.
On April 9, 2013, William and Brenda Rodriguez ("petitioners") filed a petition on behalf of their minor child, C.R., pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq.
Respondent filed a proffer on February 14, 2020, agreeing to issue the following payments. Proffer, ECF No. 141.
Petitioner agrees to endorse this payment to Equian, LLC; and
These amounts represent compensation for all damages that would be available under § 300aa-15(a).
I adopt respondent's proffer attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.
The parties engaged Linda Curtis RN, MS, CCM, CNLCP, as a joint life care planner to provide an estimation of C.R.'s future vaccine-injury related needs. For the purposes of this proffer, the term "vaccine related" is as described in the Special Master's Ruling on Entitlement, filed October 26, 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 C.R., attached hereto as Tab A.
The parties agree that based upon the evidence of record, C.R. will more likely than not be gainfully employed in the future. Therefore, respondent proffers that C.R. should not be awarded lost future earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(B). Petitioner agrees.
Respondent proffers that C.R. should be awarded $85,000.00 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. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
Petitioner represents that he has not incurred past unreimbursable expenses related to C.R.'s vaccine-related injury.
Respondent proffers that C.R. should be awarded funds to satisfy a State of Georgia WellCare lien in the amount of $51,188.03, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Georgia WellCare may have against any individual as a result of any Medicaid payments the State of Georgia WellCare has made to or on behalf of C.R. from the date of his eligibility for benefits through the date of judgment in this case as a result of his vaccine-related injury suffered on or about August 30, 2011, under Title XIX of the Social Security Act.
The parties recommend that the compensation provided to C.R. should be made through a combination of lump sum payments and future annuity payments as described below, and request that the Special Master's decision and the Court's judgment award the following:
A. A lump sum payment of $99,204.68 representing compensation for pain and suffering ($85,000.00), and life care expenses for Year One ($14,204.68), in the form of a check payable to petitioner as guardian(s)/conservator(s) of C.R., for the benefit of C.R. No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian(s)/conservator(s) of C.R.'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of C.R., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of C.R. upon submission of written documentation of such appointment to the Secretary.
B. A lump sum payment of $51,188.03, representing compensation for satisfaction of the State of Georgia WellCare Medicaid lien, payable jointly to petitioner and
Petitioner agrees to endorse this payment to Equian, LLC.
C. An amount sufficient to purchase the annuity contract,
Respondent proffers that 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: 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 C.R. 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 C.R.'s death.
No payments shall be made until petitioner provides respondent with documentation establishing that he has been appointed as the guardian(s)/conservator(s) of C.R.'s estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of C.R., any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as guardian(s)/conservator(s) of the estate of C.R. upon submission of written documentation of such appointment to the Secretary.
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 the court-appointed guardian(s)/conservators(s) of the estate of C.R. for the benefit of C.R. for pain and suffering ($85,000.00) and Yr 1 life care expenses ($14,204.68): $99,204.68.
As soon as practicable after entry of judgment, respondent shall make the following payment jointly to petitioner and Equian, LLC, as representative of Wellcare, a State of Georgia Medicaid plan, as reimbursement of the state's Medicaid lien: $51,188.03.
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 in column "G.R." above, 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 12 monthly installments at the discretion of respondent.
Decision on Damages; Diphtheria-Tetanus-Acellular Pertussis ("DTaP"); Measles Mumps Rubella ("MMR"), Polio and Varicella Vaccinations; Juvenile Dermatomyositis; Proffer.
