DECISION1
NORA BETH DORSEY, Special Master.
On March 1, 2013, Chris and Sarah Cooper ("petitioners") filed a petition, on behalf of their minor son, J.O.C., pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioners alleged that J.O.C. suffered the adverse effects from the diphtheria-tetanus-acellular pertussis ("DTaP") and pneumococcal conjugate ("Prevnar") vaccines administered to him on September 22, 2010, and March 9, 2011. See Petition at 1. Specifically, petitioners claimed that J.O.C. developed a "tic disorder, abnormal EEG and other injuries that were `caused-in-fact' by the above stated vaccinations." Id. Petitioners further alleged that J.O.C. experienced the residual effects of these injuries for more than six months. Id.
On October 2, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.
Respondent denies that the DTaP or Prevnar vaccines or any other vaccine caused J.O.C. to suffer a tic disorder, seizures, any other injury, or his current disabilities. 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 stipulated that petitioners shall receive the following compensation:
(1) A lump sum of $1,970.29, in the form of a check payable to petitioners for past unreimbursed expenses; and
(2) A lump sum of $13, 029.71, in the form of a check payable to petitioners as guardians/conservators of J.O.C.'s estate.
The above amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioners' compensation. Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, 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 their son, J.O.C., petitioners 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 J.O.C.'s receipt of the diphtheria-tetanus-acellular pertussis ("DTaP") vaccine and the pneumococcal Conjugate ("Prevnar") vaccine, which vaccines are contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. J.O.C. received the DTaP and Prevnar vaccines on September 8, 2010, and again on March 9, 2011.
3. The vaccines were administered within the United States.
4. Petitioners allege that J.O.C, suffered a tic disorder, seizures, and other injuries as a result of the vaccinations and that he experienced residual effects of these injuries for more than six months.
5. Petitioners represent that there has been no prior award or settlement of a civil action Petitioners, for damages orb behalf of J.O.C. as a result of his condition.
6. Respondent denies that the DTaP or Prevnar vaccines or any other vaccine caused J.O.C. to suffer a tic disorder, seizures, any other injury, or his current disabilities.
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 art entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioners have filed an election to receive compensation pursuant to 42 U.S.C, § 300aa-21(a)(1), the Secretary of Health and Haman Services will issue the following vaccine compensation payments:
a. A lump stun of $1,970.29 In the form of a check payable to petitioners for past unreimbursed expenses; and,
b. A lump sum of $13,029.71 in the form of a check payable to petitioners as guardians/ conservators of J.O.C.'s estate.
The above amounts represent compensation for ail damages that would be available under 42 U. S.C. §300aa-15(a),
9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioners have filed both a proper and timely election to receive compensation pursuant to 4 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 costs incurred in proceeding upon this petition.
10. Petitioners and their attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis.
11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursahle expenses, the money provided pursuant to this Stipulation, will be used solely for the benefit of J.O.C. as contemplated by a strict construction of 42 U.S.C. § 3000.8-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).
13. Petitioners represent Chat they presently are, or within 90 days of the date of judgment will become, duly authorized to serve as guardian(s)/conservator(s) of J.O.C.'s estate under the laws of the State of Tennessee. No payments pursuant to this Stipulation shall be made until petitioners provide the Secretary with documentation establishing their appointment as guardians/conservatory of J.O.C.'s estate. If petitioners are not authorized by a court of competent jurisdiction to serve as guardians/conservators of the estate of J.O.C. at the time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competent jurisdiction to serve as guardians/conservators of the estate of J.O.C. upon submission of written documentation of such appointment to the Secretary,
14. In return for the payments described in paragraphs 8 and 9, petitioners, in their individual capacities and as legal representatives of J.O.C. on behalf of themselves, J.O.C., and his 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 action (including agreements, judgments, claims, damages, of services, expenses and all demands of whatever kind or nature) that hive been brought, could have been brought, or could be timely brought in the Court of Federal claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa40 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 J.O.C. resulting from, or alleged to have resulted from, the DTaP and Prevnar vaccinations administered on September 8, 2010 and March 9, 2011 as alleged by petitioners in a petition for vaccine compensation filed on or about March 1, 2013, in the United States Court of Federal Claims as petition No, 13-153V.
15. If J.O.C. 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.
16. If the special master falls to issue a decision in complete conformity with the terms of his 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 sole discretion of either party,
17. This Stipulation expresses a full and complete negotiated settlement of liability and dan ages 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 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 of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement,
18. This Stipulation shall not be construed as an admission by the United States or the secretary of Health and Human Services that J.O.C. suffered a tic disorder, seizures, or any other injury as the result of the DTaP or Prevnar, vaccines or any other vaccine, or that his current disabilities arc sequelae of his alleged vaccine-related injuries.
19. All rights and obligations of petitioners hereunder shall apply equally to petitioners' heirs, executors, administrators, successors, and assigns as legal representatives of J.O.C.
