UNPUBLISHED

DECISION ON JOINT STIPULATION1

THOMAS L. GOWEN, Special Master.

On October 22, 2015, petitioner Nancy Meramo, as executrix of the estate of Glenn Meramo, filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 Petitioner alleges that as a result of an influenza ("flu") vaccine received on November 14, 2013, Glenn Meramo suffered Guillain-Barré Syndrome ("GBS") and Chronic Inflammatory Demyelinating Polyneuropathy ("CIDP"). Joint Stipulation at ¶ 4. Petitioner further alleges that these injuries caused or contributed to Mr. Meramo's death. Id. at ¶ 5.

On June 27, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused Mr. Meramo's alleged GBS, CIDP, or any other injury. Id. at ¶ 6. Respondent further denies that Mr. Meramo's death was a sequela of a vaccine-related injury. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. 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 stipulate that petitioner shall receive the following in compensation:

The undersigned approves the requested amount for petitioner's compensation. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties' stipulation.3

IT IS SO ORDERED.

STIPULATION

The parties hereby stipulate to the following matters:

1. On behalf of her deceased husband. Glenn Meramo ("Glenn"). petitioner 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 Glenn's receipt of the influenza ("flu") vaccine which vaccine is contained in the Vaccine Injury Table (the "Table"). 24 C.F.R § 100.3(a).

2. Glenn received a flu vaccination on Novermber 14, 2013.

3. The vaccine was administered within the United States.

4. Petitioner alleges that Glenn suffered Guillain-Barre Syndrome ("GBS") and Chronic Inflammatory Demy clinating Polyneuropathy ("CIDP") which were caused-in-fact by the flu vaccine. Petitioner further alleges that these injuries caused or contributed to Glenn's death.

5. Petitioner represents that there has been no prior award or settlement of civil action for damages on Glenn's behalf as a result of his condition or death.

6. Respondent denies that the no vaccine caused petitioner's alleged GBS. CIDP. or any other injury and farther denies that that Glenn's death on July 22, 2015. was a sequela or a vaccine-related injury

7. Maintaining their above-stated positions the parties nevertheless now agree that the issues between them shall he settled and that a decision should he entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable alter an entry or judgment reflecting a decision consistent with the terms or this Stipulation and alter petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1). the Secretary of Health and Human Services will issue the following vaccine compensation paymeat:

9. AS soon as practicable after the entry or 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 berore the special master to award reasonable attorney's fees and costs 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 for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g). including State compensation programs insurance policies. Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)). or entities that provides health services on a prepaid basis.

11. Payment made pursuant to paragraph 8 of this Stipulation and an amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa- 15(i). subject to the availability of sufficient statutory funds.

12. Petitioner represents that site presently is or within 90 days of the date of judgment will become duly authorized to serve as legal representative of Glenn's estate under the laws of the State of New Jerscy. No payments pursuant to this Stipulation shall he made until petitioner provides the Secretary with documentation establishing her appointment as legal representative of Glenn's estate. If petitioner is not authorized by a court of competent jurisdiction to sere as legal representative of the estate or Glenn Meramo at the time a payment pursuant to this Stipulation is to he made any such payment shall he paid to the party or parties appointed by a Court of competent jurisdiction to Serve as legal representative of the estate of (Glenn Meramo upon submission of written documentation of such appointment to the Secretary.

13. In return for the payments described in paragraphs 8 and 9 petitioner in her individual capacity and as legal representative of the Estate of Glenn Meramo deceased and on behalf of the Estate and Gleum's heirs executors administrators successors and assigns does 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 action (including agreements judgments claims damages loss of services expenses and all demands of whatever kind or nature) that have been brought could have been brought or could be timely brought in the United States Court of Federal Claims under the National Vaccine Injury Compensation Program 42 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 death of Glenn Meramo resulting from or alleged to have resulted from the flu vaccination administered on November 14, 2013. as alleged by petitioner in a petition vaccine compensation filed on or about October 22, 2015. in the United States Court of federal Claims as petition No. 15-1234v.

14. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States 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 sole discretion of either party.

15. I his 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 do any act or thing other 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 damages and further that a change in the nature of die injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.

16. This Stipulation shall not he construed as an admission by the United States or the Secretary of Health and Human Serevices that the flu vaccine caused Glenn's alleged GBS. CIDP. or any other injury or contributed in any way to his death.

17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs executors administrators successors and or assigns.