# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 6 -1018 (not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * NORMAN LARSEN, *
* Special Master Corcoran
* Petitioner, * Filed: September 19, 2018
*

v. *
* Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Guillain-Barré AND HUMAN SERVICES, * Syndrome ( “ GBS ” )
* Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *

Martin Jeffrey Rubenstein , Martin Rubenstein, Staten Island, NY, for Petitioner.

Amy Paula Kokot

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

DECISION AWARDING DAMAGES 1

On August 18, 2016, Norman Larsen filed a petition seeking compensation under the National Vaccine Injury Compensation Program. 2 ECF No. 1. Petitioner alleges that he suffered
from Guillain -Barré syndrome ( “ GBS ”) as a result of h is September 10, 2013 influenza (“flu ”)
vaccine. Id. at 1. Petitioner further alleges that he has experienced the residual effects of this
condition for more than six months

. Id

. at 7. Respondent initially recommended that Petitioner be

1 Although this Decision has been formally designated “not to be published,” it w ill nevertheless be posted on the Cou rt of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet . As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the D ecision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Oth erwise, the whole Decision in its present form will be available. Id

.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (20 12) (“Vaccine Act” or “the Act”)

.2

denied compensation in his Rule 4(c) Report. ECF No. 17 at 1. A hearing was held on February 12, 2018, to clarify factual discrepancies in the record.

Although Respondent maintains his position that the flu vaccine did not cause Petitioner ’ s injury, he nonetheless agreed to participate in settlement negotiations following the February 12 th proceeding. See Stip. at 1, ECF No. 42. The Parties filed a stipulation on September 14, 2018. Id.

Based upon my own review of the record, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.

The stipulation award s:

 A lump sum of

$ 60 ,000 .00

, in the form o f a check payable to Petitioner.

Id. at 2

. This amount represents compensation for all damages under Section 15(a) of the Act to
which Petitioner is ent it l ed

.

I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.Case 1:16-vv-01018-UNJ Document 42 Filed 09/14/18 Page 1 of 5Case 1:16-vv-01018-UNJ Document 42 Filed 09/14/18 Page 2 of 5Case 1:16-vv-01018-UNJ Document 42 Filed 09/14/18 Page 3 of 5Case 1:16-vv-01018-UNJ Document 42 Filed 09/14/18 Page 4 of 5Case 1:16-vv-01018-UNJ Document 42 Filed 09/14/18 Page 5 of 5