# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-571V Filed: December 23, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * RENATE DAVISON, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu); Guillain-Barre * Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * John Howie, Howie Law, P.C., Dallas, TX, for petitioner. Alice Tayman, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On May 12, 2016, petitioner filed a petit ion for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that she suffe red from Guillain-Barre Syndrome (“GBS”) following an influenza (“flu”) vaccination gi ven on October 13, 2014. Petition at 1; Stipulation, filed December 22, 2016, at ¶ 4. Petitioner fu rther alleges that the vaccine
was administered within the Unit ed States, that she experienc ed the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 9; Stipulation at ¶¶ 2-5. “Respondent denies t hat the flu vaccine caused petitioner’s alleged GBS or any other injury or her curr ent condition.” Stipul ation at ¶ 6.

Nevertheless, on December 22, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner s hall receive the following compensation:

A lump sum of $150,713.19 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e under 42 U.S.C. § 300aa-15(a). Id

.

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

In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.