1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 1370 V

Filed: October 28, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

WARRE N FISKE, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza Vaccine; Transverse

* Myelitis.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * * *

Amber D. Wilson

, Maglio Christopher & Toale, PA

, Washington D.C.

, for P etitioner

. Lisa A. Watts

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On November 12, 2015

, Warre n Fiske (“ P etitioner ”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34

(2012 ). Petitioner alleged that a s a result of a n influenza (“flu”) v acc ine ad ministered on

October 21, 2014

, he developed neurological injuries, including transverse myelitis (“TM”)

. See

Stipulation for Award at ¶ 2, 4, filed Oct. 13 , 2016. Petitioner further alleged that he suffered

residual effects of th ese injuries for more than six months. Id. at ¶ 4.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, co dified as amende d at 44 U.S.C. §

3501 note (2012 ). As provided by Vaccine Rule 18(b), each party has 14 days within which to

request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes

medical files or similar files, the disclosure of which would constitute a clearly unwarranted

invasion o f privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set fo rth in Part 2 of the National

Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

On October 13 , 2016 , the parties filed a stipulation 3 in which they state that a decision

should be entered awarding compensation to Petitioner

. Respondent denies that t he flu vaccine

caused Petitioner’s TM, or any other injury ; and further denies that P etitioner’s current

disabilities are sequelae of a vaccine

- related injury . Nevertheless, the parties agree to the joint

stipulation, attached hereto as Appendix A. The un dersigned finds the stipulation reasonable and

adopts it as the decision of the Court in awarding damages

, on the terms set forth therein.

The parties stipulate that P etitioner shall receive the following compensation:

A lump sum of $ 129,324.49

, in the form o f a check payable to P etitioner , Warren

Fiske

. This amount represents compensation for all damages that would be

available under 42 U.S.C. § 300aa

- 15(a).

Id. at ¶ 8

.

The undersigned approves the requested amo unt for P etitioner ’ s compensation.

Accordingly, an a ward should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 T he parties ’ stipulation uses an incorrect spelling of Petitioner ’ s name. The correct spelling of

Petitioner ’ s name is Warren Fiske, as used in this decision adopting the parties ’ stipulation

.

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.