# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 0529 V

Filed: August 5, 2016

U npublished

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

SCOTT A

. FUNDERMANN , *

* Joint Stipulation on Damages ; Petitioner, * Influenza ( “f lu”) Vaccine; Radial

* Neuropathy; Acute Inflammatory

v. * Demyelinating Polyneuropathy (“AIDP”);

* Acute Motor Axonal Neuropathy

SECRETARY OF HEALTH * (“AMAN”); Guillain

- Barré Syndrome AND HUMAN SERVICES, * (“GBS”); Special Processing Unit

* (“SPU”) Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Richard H. Moeller, Berenstein, Moore, et al., Sioux City, IA

, f or petitioner. Claudia B. Gangi , U .S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On May 26, 2015

, Scott A. Fundermann

, (“ p etitioner ”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the “Vaccine Act” )

. Petitioner alleges that he suffered bilateral radial neuropathies, ac ute inflammatory demyelinating polyneuropathy (“AIDP”), possible acute motor axonal neuropathy (“AMAN”) of AIDP, and/or Guillain

- Barré Syndrome (“GBS”) as a result of receiving the influenza (“ f lu ”) vaccine . Pet

. at 1 ; Stip

. , filed Aug. 4, 2016

, at ¶ ¶ 1, 2, 4

. Petitioner further states that the vaccine was administered in the United States, that he experienced the residual effe cts of his 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 his condition. Pet. at ¶¶ 3, 36, 42 ; Stip

. at ¶¶ 3 , 5

. Respondent denies that the flu vaccine caused petitioner to suffer from bilateral radial

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 information, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, the 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 Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012 ).2 neuropathies, AIDP, possible AMAN of AIDP, and/or GBS or any other injury or his
current condition. Stip

. at ¶ 6.

Nevertheless, o n August 4, 2016 , the parties filed the attached joint stipulation,

stat ing that a decision should be entered awarding compensation. 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 petitioner shall receive the following compensation:

(1) A lump sum of $ 816,104.41 , which amount represents compensation for first year life care expenses ($ 23,167.99 ), lost earnings ($ 540,772.29 ), pain and suffering ($ 245,000.00 ), and past unreimbursable expenses ($ 7,164.13 ), in the form of a check payable to petitioner, Scott A.

Fundermann ; and

(2) An amount sufficient to purchase the annuity contract described in paragraph 10 of the stipulation, paid to the life insurance company from which the annuity will be purchased.

The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of notice renouncing the right to seek review.