Filed: Mar. 21, 2014
Latest Update: Mar. 21, 2014
Summary: UNPUBLISHED DECISION 1 LISA HAMILTON-FIELDMAN, Special Master. On March 21, 2014, Respondent filed a joint stipulation concerning the petition for compensation filed by Barbara Chester on October 2, 2009. 2 In her petition, Petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which she received on October 25, 2008, caused her to develop Guillain-Barr Syndrome (GBS). Petitioner represents that there has been n
Summary: UNPUBLISHED DECISION 1 LISA HAMILTON-FIELDMAN, Special Master. On March 21, 2014, Respondent filed a joint stipulation concerning the petition for compensation filed by Barbara Chester on October 2, 2009. 2 In her petition, Petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 100.3(a), and which she received on October 25, 2008, caused her to develop Guillain-Barr Syndrome (GBS). Petitioner represents that there has been no..
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UNPUBLISHED DECISION1
LISA HAMILTON-FIELDMAN, Special Master.
On March 21, 2014, Respondent filed a joint stipulation concerning the petition for compensation filed by Barbara Chester on October 2, 2009.2 In her petition, Petitioner alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a), and which she received on October 25, 2008, caused her to develop Guillain-Barré Syndrome (GBS). Petitioner represents that there has been no prior award or settlement of a civil action for damages on behalf as a result of Ms. Chester's alleged vaccine-related injury or death. Stipulation at ¶¶ 2, 4, 5.
Respondent denies that the influenza vaccine caused Ms. Chester to suffer GBS and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIPD) or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
8. A lump sum payment of $120,000.00 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).
Stipulation at ¶ 8.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 09-656V according to this decision and the attached stipulation.3
Any questions may be directed to my law clerk, Camille Collett, at (202) 357-6361.
IT IS SO ORDERED.