DECISION1
NORA BETH DORSEY, Special Master.
On January 24, 2014, Sean Newman ("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 he developed Guillain-Barré syndrome ("GBS") that was caused in fact by an influenza ("flu") vaccination that he received on February 10, 2011. See Petition at 1-2. Petitioner further alleged that he experienced the residual effects of these injuries for more than six months. Id. at 3.
On October 7, 2014, the parties filed a stipulation, stating that a decision should be entered awarding compensation.
Respondent denies that the influenza immunization caused petitioner's GBS or any other injury or his current condition. 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 petitioner shall receive the following compensation:
(a) A lump sum of $125,000.00, in the form of a check payable to petitioner. This amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
(b) A lump sum of $18,117.45, in the form of a check payable jointly to petitioner and petitioner's counsel, Maximillian J. Muller, Esq., at Muller Brazil, LLP, for attorneys' fees and costs available under 42 U.S.C. § 300aa-15€; and, in compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition.
Stipulation ¶ 8.
The undersigned approves the requested amount for petitioner's 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. Petitioner filed a petition e0r vaccine compensation under the National VaCeirle 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 influenza vaccine, which vaccine Is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received hi influenza liniallililati011 on February 10, 2011,
3. The vaccine was adtninistered within the United States,
4. Petitioner alleges that he suffers from Ouillain-Barret syndrome ("OBS") as a result of receiving the Influenza vacate,
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition,
6, Respondent denies that the Influenza Immunization caused petitioner's Of3S or any other Injury or his current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between theta shall be settled and dud ti decision should be entered awarding the " compensation described in Paragraph 8 of this Stipulation.
8. As soon as practicable Alta an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation, nod ufler petitioner has filed an election to reedy() compensation pursuant to 42 U.S.C. § 300aa-2 (a)(I), tho Secretary of Health and Human Services will issue the following vaccine compensation payments;
a. A lump sum of $125,000,00 in the form of a check payable to petitioner, This amount represents compensation for All damages that would he available under 42 U.S.C. § 300aa-I 5(a);
b. A lump sum of $18,10,45 In the form of a check payable jointly to petitioner and petitioner's counsel J, Mau, Esq., at Muller Brazil, LIP, for attorneys' fees and costs available under 42 U.S.C. § 300aa-15(e); and, In compliance with General Order #9, no out-of-pocket expenses were incurred by petitioner in proceeding on the petition,
9. Petitioner and his 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 entitles that provide health services on a pre-paid basis,
10. Payments made pursuant to paragraph 8 of this Stipulation will be mode in accordance with 42 U.S.C. § 300aa-15(1), subject to the availability of sufficient statutory. funds.
11. The parties and their attorneys nailer agree and stipulate that, except for any award for attorneys' fees, litigation costs, and past nnvehnbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benofit of petitioner as contemplated by a strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. §§ 300aa., 15(g) and (h),
12. In return for the payments described in paragraph 8, petitioner, in his individual capacity and on behalf of his heirs, executors, administrators, successors or 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 servlo6s, expenses and all demands of whatever kind or nature) that have 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. § 300aa.10 et seq., on account of, or In any way growing out of, any and ail known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the influenza vaccination administered on or about February 10, 2011, us alleged by petitioner in a petition for vaccine compensation filed on or about January 24, 2014, In the United Slates Court of Federal Claims as petition No, 14-63V,
13. 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.
14. 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 sole discretion of either party,
15. This Stipulation expresses a foil and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. Them Is absolutely no agreement on tire part of the parties hereto to make any payment or to do any act or thing other than is heroin 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' respcottve positions as to liability and/or amount of damages, anti Iltrther, that a ehange, in the nature of the injti, or condition or In the items of compensation sought, is not grounds to mod* or revise this agreement,
16. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the influenza vaccine caused petitioner's OBS or any other litinry or his current condition,
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, andlor assigns,
