DECISION ON JOINT STIPULATION1

MINDY MICHAELS ROTH, Special Master.

On June 4, 2014, Garland L. Snyder and Jennifer D. Snyder ("petitioners") filed a petition for compensation on behalf of their minor child, J.L.S., under the National Vaccine Injury Compensation Program.2 Petitioners allege that J.L.S. developed Acute Disseminated Encephalomyelitis ("ADEM") as a result of receiving an influenza vaccination on November 9, 2011. See Stipulation, filed July 11, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused J.L.S.'s injury. Stipulation at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On July 11, 2016, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment:

I adopt the parties' stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

STIPULATION

The parties hereby stipulate to the following matters:

1. On behalf of their daughter. J.I..S., petitioners 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 J.I..S.'s receipt of the influen/a("flu") vaccine. Which vaccine is contained in the Vaccine Injure Table (the "Table"). 42 C.F.R. § 100. 3(a).

2. J.I..S., received a flu vaccination on November 9, 2011

3. The vaccine was administered Within the United States.

4. Petitioners allege that J.I..S. suffered Acute Disseminated Encephalomyelitis ("ADEM") Which was caused-in-fact by the flu vaccine. Petitioners further allege that J.I..S. suffered the residual effects of this injury for more than six months.

5. Petitioners represent that there has been no prior award or settlement of a Civil action for damages on J.I.S.'s behalf as a result other condition.

6. Respondent denies that the flu vaccine caused J.I..S.'s alleged ADEM or any other injury and further denies that her current disabilities arc sequelae of a vaccine-related injury.

7. Maintaining their above-stated positions, the parties no nevertheless Now agree that the issues between them shall be settled and that a decision should he 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 petitioners have filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1.). the Secretary. of the health and Human Services will issue the following vaccine compensation payment:

9. As soon as practicable after the entry of judgment on entitlement in this case and after petitioners have flied both a Proper and timely election to recede 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. Petitioners and their 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-5(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 award for attorney's fees and litigation costs. the money provided pursuant to this Stipulation will be used solely for the benefit of J.I..S. as contemplated by a strict construction of 42 U.S.C. § 300aa-5(a) and (d) and subject to the conditions of 42 U.S.C § 300aa-15(g) and (h).

13. Petitioners represent that the presenty are or Within 90 days of the date of judgment Will become duly authorized to serve as guardian(s) conservator(s) of J.I..S's estate under the laws of the State of Tennessee. No payments pursuant to this Stipulation shall he made until petitioners provide the Secretary With documentation establishing their appointment as guardian(s)/conservator(s) of J.I..S's estate. It petitioners are not authorized by a court of competent jurisdiction to sere as guardian(s)/conservator(s) of the estate or J.I..S. at the time 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(s) conservator(s) of the estate J.I..S. 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 on behalf of themselves. J.I.S. her heirs executors, administrators, successors, and 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 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 United States Court of Federal Claims under the National Vaccine Injure Compensation Program. 42 U.S.C. § 300aa-10 et seq.. on account of or in an way growing out of an and all known or unknown. suspected or unsuspected personal injuries to or death of J.I..S resulting from or alleged to lime resulted from the flu vaccination administered on November 9, 2011. as alleged by petitioners in a petition for vaccine compensation tiled on or about June 4, 2014. in the United States Court of federal Claims as petition No. 14-482V.

15. If J.I..S. should die prior to entry of judgment this agreement shall be voidable upon proper notice to the Court on behalf of either or both the parties.

16. If the special master 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 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 he voidable at the sole discretion of either parts.

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 an 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 ma) 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 tinned Slates or the Secretary of health and Human Services that the flu vaccine caused J.I..S.'s ADEM. or an other injury or any of her current disabilities.

19. All rights and obligations of petitioners hereunder shall apply equally to petitioners heirs, executors, administrators, successors, and/or assigns as legal representatives J.I..S.