In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-0529V 

Filed: August 5, 2016

Unpublished

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

SCOTT A. FUNDERMANN, * 

 * Joint Stipulation on Damages; 

 Petitioner, * Influenza (“flu”) 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, for petitioner.

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

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On May 26, 2015, Scott A. Fundermann, (“petitioner”) 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, acute 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 (“flu”) 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 effects 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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, on August 4, 2016, the parties filed the attached joint stipulation, 

stating 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.