Filed: Dec. 09, 2014
Latest Update: Dec. 09, 2014
Summary: DECISION ON JOINT STIPULATION 1 THOMAS L. GOWEN, Special Master. On May 28, 2013, Terry Estvold ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving an influenza ("flu") vaccine on October 5, 2011, he suffered significant aggravation of his post-herpetic neuralgia. Stipulation 2, 4, filed Dec. 5, 2014. Further, petitioner alleged that he experienced residual effe
Summary: DECISION ON JOINT STIPULATION 1 THOMAS L. GOWEN, Special Master. On May 28, 2013, Terry Estvold ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving an influenza ("flu") vaccine on October 5, 2011, he suffered significant aggravation of his post-herpetic neuralgia. Stipulation 2, 4, filed Dec. 5, 2014. Further, petitioner alleged that he experienced residual effec..
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DECISION ON JOINT STIPULATION1
THOMAS L. GOWEN, Special Master.
On May 28, 2013, Terry Estvold ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that, as a result of receiving an influenza ("flu") vaccine on October 5, 2011, he suffered significant aggravation of his post-herpetic neuralgia. Stipulation ¶ 2, 4, filed Dec. 5, 2014. Further, petitioner alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 4.
On December 5, 2014, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination significantly aggravated petitioner's post-herpetic neuralgia or any other condition, or caused any other injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.3 The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
The parties also stipulate to an award of attorneys' fees and costs in the joint stipulation. The parties agree to a total award of attorneys' fees and costs in the amount of $19,539.73. In accordance with General Order #9, petitioner represents that he did not personally incur costs related to this proceeding. Id. at ¶ 8(b). The undersigned finds the stipulation for fees and costs reasonable and adopts it as the decision of the Court.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $25,000.00, in the form of a check payable to petitioner, Terry Lee Estvold. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
A lump sum of $19,539.73, in the form of a check jointly payable to petitioner and to petitioner's attorney, Douglas Lee Burdette, pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys' fees and costs.
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner's compensation and attorneys' fees and costs. Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation.4
IT IS SO ORDERED.
