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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 4

- 219 V

Filed: December 30, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

DAMIEN DUFOUR

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

* Guillain

- Barr é syndrome (“GBS”).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Verne E. Paradie, Jr.

, Paradie, Sherman, Walker and Worden, Lewiston, ME

, for P etitioner

. Althea Davis

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On March 20, 2014

, Damien Dufour (“ P etitioner ”) 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 to h im on November 5 , 2011

caused h im to suffer from Guillain

- Barr é syndrome (“GBS”) and related neurological symptoms

.

On December 30 , 2015, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation. Respondent denies that the flu vaccine caused

Petitioner ’ s GBS or any other injury or his current condition . However, t he parties agree to 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 furn ished 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 priv acy.” 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.2 joint stipulation, att ached 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 etitioner shall receive the following compensation:

A lump sum of $ 6 0,000.00 in the form of a check payable to Petitioner, representing

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

15(a).

Stipulation ¶ 8

.

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

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 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.Case 1:14-vv-00219-UNJ Document 32 Filed 12/30/15 Page 1 of 5Case 1:14-vv-00219-UNJ Document 32 Filed 12/30/15 Page 2 of 5Case 1:14-vv-00219-UNJ Document 32 Filed 12/30/15 Page 3 of 5Case 1:14-vv-00219-UNJ Document 32 Filed 12/30/15 Page 4 of 5Case 1:14-vv-00219-UNJ Document 32 Filed 12/30/15 Page 5 of 5