Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 16-761V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * KIMBERLY BEINING, * * Petitioner, * Filed: January 23, 2017 * v. * Decision by Stipulation; Influenza * Vaccine; Bell’s Palsy SECRETARY OF HEALTH AND * HUMAN SERVICES *
* Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *
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 Kimberly Beining. On January 19, 2017, 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 $105,000.00, in the form of a check payable to Petitioner, representing compensation for all damages that would be available under 42 U.S.C. §300aa-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]
*2 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.
