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Boyle v. Secretary of Health and Human Services
15-1027
| Fed. Cl. | Nov 1, 2016
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Case Information

*1

In the United States Court of f federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1027V
(Not to be published)

DECISION

HASTINGS, Special Master.







This is an action seeking an award under the National Vaccine Injury Compensation Program [1] on account of an injury suffered by Michael Boyle. On September 29, 2016, counsel for both parties filed a Stipulation, stipulating that a decision should be entered granting compensation. The parties have stipulated that Petitioner shall receive the following compensation:

  • A lump sum of $ 230 , 000.00 , in the form of a check payable to Petitioner, representing compensation for all damages that would be available under 42 U.S.C. § 300 aa-15(a).

Under the statute governing the Program, as well as the "Vaccine Rules" adopted by this court, the special master must now enter a decision endorsing that stipulation, and the clerk must enter judgment, in order to authorize payment of the award. See § 300aa-12(d)(3)(A) and (e)(3); § 300aa-13(a); Vaccine Rules 10(a), 11(a). [2]

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I have reviewed the file, and based on that review, I conclude that the parties' stipulation appears to be an appropriate one. Accordingly, my decision is that a Program award shall be made to Petitioner in the amount set forth above. In the absence of a timely-filed motion for review of this Decision, the clerk shall enter judgment in accordance herewith.

IT IS SO ORDERED.

/s/ George L. Hastings, Jr.
George L. Hastings, Jr.
Special Master

NOTES

1 The applicable statutory provisions defining the Program are found at 42 U.S.C. § 300aa-10 et seq. (2012 ed.). Hereinafter, for ease of citation, all "$" references will be to 42 U.S.C. (2012 ed.).

2 The "Vaccine Rules of the United States Court of Federal Claims" are found in Appendix B of the Rules of the United States Court of Federal Claims.

Case Details

Case Name: Boyle v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Nov 1, 2016
Docket Number: 15-1027
Court Abbreviation: Fed. Cl.
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