VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00761
Package ID: USCOURTS-cofc-1_16-vv-00761
Petitioner: Kimberly Beining
Filed: 2017-01-23
Decided: 2017-02-17
Vaccine: influenza
Vaccination date: 
Condition: Bell's Palsy
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Kimberly Beining filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017, alleging injury from an influenza vaccine. The case was resolved by stipulation between the Petitioner and the Secretary of Health and Human Services. The stipulation stated that Ms. Beining would receive a lump sum of $105,000.00, representing compensation for all damages available under 42 U.S.C. §300aa-15(a). Special Master George L. Hastings reviewed the file and concluded the stipulation was appropriate. The decision was entered on February 17, 2017, endorsing the stipulation and authorizing payment. The specific medical condition alleged, the date of vaccination, the time to onset of symptoms, and any medical experts or clinical details were not detailed in the public decision, but the case was resolved by stipulation, indicating an agreement on entitlement and damages. The outcome was compensated.

Theory of causation field:
Petitioner Kimberly Beining alleged injury from an influenza vaccine, resulting in Bell's Palsy. The parties stipulated to a decision granting compensation. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation regarding causation. The award was a lump sum of $105,000.00. Special Master George L. Hastings issued the decision on February 17, 2017, endorsing the stipulation. The specific theory of causation relied upon by the parties in their stipulation is not described in the public decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00761-0
Date issued/filed: 2017-02-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2017) regarding 25 DECISION Stipulation/Proffer Signed by Special Master George L. Hastings. (jtl) Copy to parties.
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Case 1:16-vv-00761-UNJ Document 29 Filed 02/17/17 Page 1 of 7
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(Not to be published)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
Program1 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
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 1:16-vv-00761-UNJ Document 29 Filed 02/17/17 Page 2 of 7
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

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