1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 4

- 789V

Filed: February 2, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

M ICHELENE FALSINI

, *

* 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. *

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

Elizabeth M. Muldowney

, Rawls, McNelis and Mitchell, P.C.

, R ichmond, VA

, for P etitioner

. M ichael P. Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On A ugust 29, 2014

, M ichelene Falsini (“ 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 on N ovember 14, 2011

caused her to develop Guillain

- Barr é Syndrome (“GBS”). Petition (“Pet.”) at 1

- 6

.

On F ebruary 1, 2016 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation. Stipulation, ECF No. 31

. Respondent denies that the

flu vaccine caused Petitioner’s condition or any other injury , and “ further denies that

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 (2012 )). 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 c onfidential; or (2) that includes medical files or similar files, the

disclosure of which would constitute a clearly unwarranted invasion o f privacy.” Vaccine Rule

18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the Na tional

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

[P]etitioner ’ s current disabilities are sequelae of a vaccine

- related injury. ” Id

. at 2. 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 etitioner shall receive the following compensation:

a) A lump sum of $ 7 ,660.02 , which amount represents reimbursement of a

Commonwealth o f Massachusetts Medicaid lien, in the form of a check

payable jointly to Petitioner, and

Commonwealth of Massachusetts

- CRU

Commonwealth of MA

Casualty Recovery

P.O. Box 147811

Boston, MA 02241

- 7811

Petitioner agrees to endorse this check to the appropriate S tate agency.

b) A lump su m of $92,339.98, in the form of a check payable to Petitioner,

representing a ll remaining damages available under 42 U.S.C. § 300aa

- 15(a).

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 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.