Massing v. Secretary of the Department of Health & Human Services

OPINION

MEROW, Judge.

This child vaccine matter comes before the court on the basis of objections filed to the Special Master’s Report of November 30, 1989.

The Special Master recommends that this matter be dismissed because petitioners previously collected a $50,000 settlement after filing a prior civil action with respect to the vaccine administration involved.

With respect to prior settlements, the National Childhood Vaccine Injury Compensation Program (Act) provides (in part):

If in a civil action brought against a vaccine administrator or manufacturer for a vaccine-related injury or death…