NOT FOR PUBLICATION
DECISION AWARDING DAMAGES1
LAURA D. MILLMAN, Special Master.
On March 4, 2016, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that she suffered injuries including panuveitis, uveitis, and vasculitis that were caused by her January 20, 2012 receipt of the diphtheria-tetanus-acellular pertussis ("Tdap") vaccine. Respondent denies that the Tdap vaccine caused petitioner's panuveitis, uveitis, vasculitis, or any other injury. Nonetheless, the parties agreed to resolve this matter informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby adopts the parties' said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of $50,000.00, representing reimbursement for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The award shall be in the form of a check payable to petitioner in the amount of $50,000.00.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.2
IT IS SO ORDERED.
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, P.D.-L. filed a petition for vaccine compensation under the National Vaccine injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"), The petition seeks compensation for injuries allegedly related to petitioner's receipt of the diphtheria-tetanus-acellular pertussis ("Tdap") vaccination, which vaccine is contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. § 100.3(a).
2. Petitioner received her Tdap vaccination on January 20, 2012.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered injuries Including panuveitis, uveltis, and vasculitis, and that she experienced the residual effects of these Injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.
6. Respondent denies that petitioner suffered panuveitis, uveitis, vasculitis or any Other injury as the result of her January 20, 2012 Tdap vaccination, and denies that she experienced the residual effects of this injury for more, than six months.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of Judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(H)(1), the Secretory of Health and Human Services will issue the following vaccine compensation payment:
A Jump sum of $50,000.00 in the form of a check, payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a)(1)(A).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1). and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and ousts incurred in proceeding upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services/or which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies. Federal or Slate health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities (hut provide health services on a pre-paid basis,
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C § 300aa-15(1), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agroo and stipulate that, except for any award for attorneys' fees and litigation costs; and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for tho benefit of petitioner as contemplated by a Strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to tho conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of hot heirs, executors, administrators, successors or assigns, do forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of motion (including agreements, judgments, claims, damages, loss of services, expenses and oil demands of whatever kind or nature) that have been brought, could hove been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 12 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or dearth of petitioner resulting from, or alleged to have resulted from the Tdap vaccination administered on January 20, 2012, as alleged by petitioner in a petition for vaccine compensation filed on or about November 13, 2014, in the United States Court of federal Claims as petition No. 14-1109V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the solo discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above, There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act of thing than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties respective positions as to liability and/or amount of damages and further, that a change in the nature of the injury or conditioner in the items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or tho Secretary of Health and Human Services that the Tdap vaccine caused petitioner's panuveitis, uveitis, vasculitis or any other injury; that petitioner's current disabilities we sequelae of any Alleged vaccine injury; or that petitioner experienced the residual effects of this injury for more than six months.
18. All rights and Obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns as legal representatives.
