# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-881V Filed: February 15, 2018

UNPUBLISHED

DAVID PROKOPCHUK,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS)

Sean Franks Greenwood, Greenwood Law Firm , Houston, TX, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On July 25, 2016, petitioner filed a pet ition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffered Gu illain-Barre Syndrome (“G BS”) as a result of his September 5, 2013 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed February 14, 2018, at ¶¶ 2, 4. Petitioner further alleges that he received his vaccination in the United States, that he suffered the effe cts of his injury for more than six months, and that “there has been no prior award or se ttlement of a civil action for damages on

his behalf as a result of his c ondition.” Stipulation at ¶¶ 3-5; see Petition at ¶¶ 17-18. “Respondent denies that the fl u vaccine caused petitioner to suffer from GBS or any other injury or his current condi tion.” Stipulation at ¶ 6.

Nevertheless, on February 14, 2018, t he parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

A lump sum of $415,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e under 42 U.S.C. § 300aa-15(a). Id

.

The undersigned approves the requested amount for petitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.