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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-15V Filed: January 15 , 2016

* * * * * * * * * * * * * * * * UNPUBLISHED MELVIN MCGINNIS, *

* Special Master Hamilton-Fieldman Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

* Disorder of immune and

SECRETARY OF HEALTH * neurological systems.
AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * Danielle A. Strait, Maglio Christopher and Toale, PA, Washington, D.C., for Petitioner. Lisa A. Watts, United States Department of Justice, Washington, D. C. , for Respondent.

DECISION 1

On January 6, 2014, Melvin McGinnis (“ Petitioner ”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that an influenza (“flu”) vaccination administered on October 25, 2011 caused

him to develop an “injury and disorder of his immune and neurological systems

. ” Petition (“Pet.”), ECF No. 1, at 1-3.

On January 15, 2016, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Stipulation, ECF No. 44

. Respondent denies that the

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, 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 privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of pri vacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth 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. Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 1 of 92

flu vaccine caused Petitioner’s condition or any other injury. However, t he parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned 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 etit ioner shall receive the following compensation:

1. A lump sum of $ 972,302.71, which amount represents compensation for first year life care expenses ($134,029.58), lost earnings ($584,499.13), pain and suffering ($250,000.00), and past un reimbursable expenses ($3,774.00), in the

form o f a check payable to Petitioner; and

2. An amount sufficient to purchase the annuity contract described in paragraph 10 of the Stipulation , paid to the life insurance company from

whic h the annuity will be purchased.

Stipulation ¶ 8

.

The undersigned approves the requested amo unt for P etitioner ’s compensation. Accordingly, an award 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 SH ALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 2 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 3 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 4 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 5 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 6 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 7 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 8 of 9Case 1:14-vv-00015-UNJ Document 45 Filed 01/15/16 Page 9 of 9