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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: December 5, 2019

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

BENJAMIN GAY

, *

* UNPUBLISHED

*

*

Petitioner

, * No. 1 8

- 1 394 V

*

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Decis ion Based on Stipulation;

AND HUMAN SERV I CES, * Influen za ( “ flu ” ) Vaccine ;

* Transverse Myelitis ( “ TM ” ).

Respondent. *

*

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

David A. Tierney

, Rawls Law Group

, Richmond, VA

, for petitioner

. Mollie D. Gorney , U

. S

. Department of Justice, Washington, DC , for respondent.

DECISION BASED ON STIPULATION 1

On Sep tember 13, 2018

, Benjamin Gay (“petitioner ”) filed a petition in the National

Vacc ine Injury Compensation Program. 2 Petitione r alleged that he developed tran sver se myelitis

( “ T M ” ) due to the influenza ( “ flu ” ) vaccine he received on Janua ry 9, 2017

. Petition at 1 (ECF

No. 1)

.

1 Because this Decision contains a reaso ned explanation for the action in this case, the

undersigned is required to post it on the United States Court of Federal Claims’ website in

accorda nce with the E

- Government Act of 2002. 44 U.S.C. § 3501 note (2012 ) ( Federal

Management and Promotion of El ectronic Government Services). This means the Decision will

be available to anyone with access to the Internet. In accordance with Vaccine Rule 18 (b),

petitioner has 14 days to identify and move t o redact medical or other information, the disclosure

of w hich would constitute an unwarranted invasion of privacy. If, upon review, the undersigned

agrees that the iden tified material fits within this def inition, the undersigned will redact such

material from public acce ss.

2 The National Vaccine Injury Comp ensation Program is set forth in Part 2 of the National

Chi ldhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amende d,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2012) (“Vaccine Ac t” or “the Act”). All citations in this decision

to indiv idual sections of t he Vaccine Act are to 42 U.S.C . § 300aa

.2

On December 4 , 2019 , the parties filed a stipulation recommending an award of

compensati on to peti tioner . Stipulation (ECF No. 25 ). Re spondent denies that the flu vac cine

caused petitioner to suffer from TM or any other injury . Nevertheless, the parties agree to the

joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation

reasonable and adopts it as the d ecision of t he Co urt in awarding damages, on the terms set forth

therein.

The parties stipulate that petitioner shall receive the following compensation:

(1) A lum p sum of $ 91

, 82 9

. 36 i n the form of a check payable to petitioner

.

T his amount represent s com pensation for all damages that would be available under 42

U.S.C . § 300aa

- 15(a). Stipulation at ¶ 8.

The undersigned approves the r equested amount for petitioner ’ s compensation.

Accordingly, an award sh ould be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appen dix B, the Clerk of

Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Nora B. Dorsey

Nora B. Dorsey

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint f iling of

notice renouncing the right to seek revie w.