DECISION AWARDING DAMAGES1
BRIAN H. CORCORAN, Special Master.
On December 4, 2015, Kristal Grigg filed a petition on behalf of her minor child, N.G., seeking compensation under the National Vaccine Injury Compensation Program ("Vaccine Program").2 Petitioner alleges that N.G. developed angiomatoid fibrous histiocytoma as a result of the Diphtheria-Tetanus-acellular Pertussis-Inactive Polio Vaccine ("DTaP-IPV") received on August 19, 2014. Moreover, Petitioner alleges that N.G. experienced residual effects of this injury for more than six months.
Respondent denies that the DTaP-IPV vaccine caused N.G.'s alleged angiomatoid fibrous histiocytoma, or any other injury, and further denies that her current disabilities are sequelae of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on July 11, 2016) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties' stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The stipulation awards:
• A lump sum of $80,235.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
STIPULATION
The parties hereby stipulate to the following matters:
1 . On behalf or her daughter. N.G. petitioner tiled 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 N.G.'s receipt of the Diphtheria-Tetanus-accllular Pertussis-Inactivated Polio Vaccine ("DTap-IPV"). which vaccine is contained in the Vaccine Injury, Table (the "Table"). 42 C.F. R. § 100.3(a).
2. N.G. received a DTaP-IPV vaccination on August 19, 2014.
3. The vaccine was administered within the United States.
4. Petitioner alleges that N.G. developed an angiomatoid fibrous histiocytoma which was caused-in-fact by the DTaP-IPV vaccine. Petitioner further alleges that N.G. suffered the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action For damages on N.G.'s behalf as a result of her condition.
6. Respondent denies that the DTaP-IPV vaccine caused N.G.'s alleged angiomatoid fibrous histiocytoma, or any other injury, and further denies that her current disabilities are sequelae of 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 be entered awarding the compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable alter 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-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:
A lump sum of $80.235.00 in the form of a check payable no petitioner. representing compensation for all damages that would he bible under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable oiler the entry of judgment on entitlement in this case, and alter petitioner has riled 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 before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.
10. Petitioner and her attorney represent that they have identified to respondent all known sources or 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 provide health services on a prepaid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any 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. The parties and their attorneys further agree and stipulate that except for any award for attorney's fees and litigation costs, the money provided pursuant to this Stipulation will be used solely for the benefit of N.G. 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).
13. Petitioner represents that she presently is or within 90 days of the date of judgment will become, duly authorized to serve as guardian/conservator of N.G.'s estate under the laws of the State of New York. No payments pursuant to this Stipulation shall he made until petitioner provides the Secretary with documentation establishing her appointment as guardian/conservator of N.G's estate. If petitioner is not authorized by a court of competent jurisdiction to serve as guardian/conservator of the estate of N.G. at the lime 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 guardian/conservator of the estate of N.G. upon submission of written documentation of such appointment to the Secretary.
14. In return for the payments described in paragraphs 8 and 9. petitioner, in her individual capacity, and as legal representative of N.G. on behalf of herself. N.G. her 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 he 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 N.G. resulting from, or alleged to have resulted from, the DTaP-IPV vaccination administered on August 19, 2014, as alleged by petitioner in a petition for vaccine compensation filed on or about December 4, 2015, in the United States Court of Federal Claims as petition No. 15-1468V.
15. If N.G. should die prior to entry of judgment, this agreement shall he voidable upon proper notice to the Court on behalf of either or both of the parties.
16. If the special roaster 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 eater judgment conformity with a decision that is Incomplete 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 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 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 he construed as an admission by the United States or the Secretary of Health and Human Services that the DTaP-IPV vaccine caused N.G.'s angiomatoid fibrous histioeytoma, or any other injury or any of her current disabilities.
19. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns as legal representatives of N.G.
