DECISION ON JOINT STIPULATION1
THOMAS L. GOWEN, Special Master.
On August 22, 2014, Donaldo Jones-Fogle ("petitioner") filed a petition pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of receiving an influenza ("flu") vaccine on October 14, 2013, he developed Guillian-Barré Syndrome ("GBS"). Petition at Preamble, docket no. 1, filed Aug. 22, 2014. Further, petitioner alleged that he experienced residual effects of his injury for more than six months. Id. at ¶ 16.
On January 20, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner's GBS or any other injury or condition. Stipulation for Award ("Stip. for Award") at ¶ 6, docket no. 32, filed Jan. 20, 2016. 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 also stipulate to an award of attorneys' fees and costs in the joint stipulation filed on January 20, 2016. The parties agree to a total award of attorneys' fees and costs in the amount of $36,647.22. In accordance with General Order #9, petitioner represents that he did not personally incur costs related to this proceeding. See General No. 9 Statement, docket no. 33, filed Jan. 26, 2015. The undersigned finds the stipulation for fees and costs reasonable and adopts it as the decision of the Court.
The parties stipulate that petitioner shall receive the following compensation:
1) A lump sum of $425,000.00, in the form of a check payable to petitioner, Donaldo Jones-Fogle. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), other than the past medical expenses set forth in paragraph 2), below;
2) A lump sum of $24,969.69, payable jointly to petitioner, Donaldo Jones-Fogle, and
Chambersburg Hospital
760 East Washington Street
Chambersburg, PA 17201
Re: Patient #H00050471390
Petitioner agrees to endorse this payment to Chambersburg Hospital; and
3) A lump sum of $34,647.22, in the form of a check jointly payable to petitioner and to petitioner's attorney, Kari E. Mellinger, of R.J. Marzella & Associates, P.C., pursuant to 42 U.S.C. § 300 aa-15(e), for attorneys' fees and costs.
Stip. for Award at ¶ 8.
The undersigned approves the requested amounts for petitioner's compensation and attorneys' fees and costs. 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. Donaldo Jones-Fogle, 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 petitioner's receipt of an influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R.§ 100.3 (a).
2. Petitioner received his flu immunization on October 14, 2013.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered Guiliain-Barre Syndrome ("GBS") as a result of receiving the influenza vaccine.
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 vaccine caused petitioner to suffer from GBS or any other injury or his current condition.
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-2I (a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments:
a. A lump sum of $425,000.00 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), other than the past medical expense set forth in paragraph 8.b., below;
b. A lump sum of $24,969.69, payable jointly to petitioner, Donaldo Jones-Fogle, and
Chambersburg Hospital
760 East Washington Street
Chambersburg, PA 17201
Re: Patient #H00050471390
Petitioner agrees to endorse this payment to Chambersburg Hospital; and
c. A lump sum of $36,647.22, in the form of a check payable jointly to petitioner and petitioner's attorney, Kari E. Meliinger, of R. J. Marzelia & Associates, P.C., pursuant to 42 U.S.C. § 300aa-15(e), for attorneys' fees and costs.
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 entities that provide health services on a pre-paid basis.
10. Payments made pursuant to paragraph 8 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
11. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreirnbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit 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 hell's, 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 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 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 petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 14, 2013, as alleged by petitioner in a petition for vaccine compensation filed on or about August 22, 2014, in the United States Court of Federal Claims as petition No. 14-765V.
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 full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. 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.
16. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's GBS or any other injury or condition.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.
