1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-63V Filed: October 8, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED SEAN NEWMAN, * * Special Master Dorsey Petitioner, *

*

v. * * Joint Stipulation on Damages;

SECRETARY OF HEALTH * Influenza (Flu) vaccine; GuillainAND HUMAN SERVICES, * Barré Syndrome (GBS); Attorneys’ * Fees and Costs; Reasonable Amount Respondent. * whic h Respondent Does not Object.

*

* * * * * * * * * * * * * * * * Maximillian J. Muller, Muller, Brazil, LLP, Philadelphia, PA, for petitioner. Justine E. Daigneault, United States Department of Justice, Washingt on, DC, for respondent.

DECISION 1

On January 24, 2014, Sean Newman (“petiti oner”) filed a petiti on pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that he deve loped Guillain-Barré syndrome (“GB S”) that was caused in fact by an influenza (“flu”) vaccination that he r eceived on February 10, 2011. See Petition at 1-2. Petitioner further alleged that he experienced the residual effects of these injuries for more than

six months. Id. at 3.

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 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 7, 2014, the parties filed a stipul ation, stating that a decision should be entered awarding compensation.

Respondent denies that the influenza immunization caused pe titioner’s GBS or any other injury or his current condition. Nevertheless, the parties agree to the join t stipulation, attached hereto as Appendix A. The undersigned finds th e stipulation reasonable and adopts it as the decision of the Court in awarding dama ges, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation:

(a) A lump sum of $125,000.00, in the form of a check payable to petitioner . This amount represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

(b) A lump sum of $18,117.45, in the form of a check payable jointly to petitioner and petitioner’s counsel, Maximillian J. Muller, Esq., at Muller Brazil, LLP , for attorneys’ fees and costs available under 42 U.S.C. § 300aa-15€; and, in compliance with General Order #9, no out-of-pocket e xpenses were incurr ed by petitioner in proceeding on the petition.

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with th e stipulation.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a) , entry of judgment is expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.