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Beining v. Secretary of Health and Human Services
16-761
| Fed. Cl. | Feb 17, 2017
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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OFFICE OF SPECIAL MASTERS No. 16-761V (Not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * KIMBERLY BEINING, * * Petitioner, * Filed: January 23, 2017 * v. * Decision by Stipulation; Influenza *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.

Case Details

Case Name: Beining v. Secretary of Health and Human Services
Court Name: United States Court of Federal Claims
Date Published: Feb 17, 2017
Docket Number: 16-761
Court Abbreviation: Fed. Cl.
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