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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* * * * * * * * * * * * * * * * UNPUBLISHED 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. 

DECISION1

On January 6, 2014, Melvin McGinnis (“Petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.242 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 privacy.” 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. 

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flu vaccine caused Petitioner’s condition or any other injury. However, the 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 Petitioner 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 unreimbursable expenses ($3,774.00), in the 

form of 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 

which the annuity will be purchased.

Stipulation ¶ 8.

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

Accordingly, an award should be made consistent with the stipulation. 

In the absence of a motion for review filed 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/ 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.

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