# I n the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

FRANK FORTUNATO

, * No. 14

- 158 V

* Special Master Christian J. Moran

Petitioner, *

v. * Filed: January 8, 2015

*

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine,

AND HUMAN SERVICES, * Guillain

- Barré syndrome (“GBS”).

*

Respondent. *

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

Danielle Strait

, Maglio, Christopher & Toale

, PA, Washington, D C , for Petitioner;

Voris Johnson

, U.S. Dep ’ t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On January 5, 2015 , respondent filed a joint stipulation concerning the

petition for compensation filed by Frank Fortunato on February 27, 2014

. In his

petition, Mr. Fortunato allege d that the influenza (“flu”) va ccine , which is

contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and

which he received on or about December 13, 2012

, caused him to suffer Guillain

Barré Sy ndrome (“GBS”). Petitioner further alleges that he experienced the

residual effects of this injury for more than six months. Petitioner represents that

there has been no prior award or settlement of a civil action for damages as a result

of his condition

.

Respondent denies that the flu vaccine administered on or about December

13, 2012, is the cause of petitioner’s alleged GBS and/or any other injury.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 14 days to file a motion proposing redaction of medical inform ation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.Nevertheless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as

the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum of $ 120 ,000 .00 in the form of a check payable to petitioner

, Frank Fortunato

. This amount represents compensation for all

damages that would be available under 42 U.S.C. § 300aa

- 15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in case 14

- 158 V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Mary Holmes , at (202) 357

-

63 53

.

IT IS SO ORDERED.

s/Christian J. Moran

Christian J. Moran

Special Ma ster

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.

2Case 1:14-vv-00158-UNJ Document 28 Filed 01/05/15 Page 1 of 5Case 1:14-vv-00158-UNJ Document 28 Filed 01/05/15 Page 2 of 5Case 1:14-vv-00158-UNJ Document 28 Filed 01/05/15 Page 3 of 5Case 1:14-vv-00158-UNJ Document 28 Filed 01/05/15 Page 4 of 5Case 1:14-vv-00158-UNJ Document 28 Filed 01/05/15 Page 5 of 5