# In the United States Court of Federal Claims

Office of Special Masters

Filed: November 10, 2021

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

DALE PATE * UNPUBLISHED

Petitioner, *

* No. 15

- 1309V

v. *

* Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”);

AND HUMAN SERVICES, * Chronic Demyelinating Inflammatory

* Polyneuropathy (“CIDP”); Guillain

- Barré

Respondent. * Syndrome (“GB S”).

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

Renee J. Gentry, Vaccine Injury Clinic, George Washington Univ. Law School, Washington, D.C.,

for petitioner.

Althea W. Davis, U.S. Department of Justice, Washington, D.C., for respondent

.

DECISION ON STIPULATION 1

On November 3, 2015, Dale Pate (“petitioner”)

, filed a petition for compensation under

the National Vaccine Injury Program. 2 Petition (ECF No. 1). P etitioner alleges that he suffered

from Guillain

- Barr é syndrome (“GBS”) and/or Chronic Inflammatory Demyelinating

Polyneuropathy (“CIDP”) as a result of receiving the influenza (“flu”) vaccine on December 10,

2012. Id.

On November 9, 2021, respondent filed a stipulation providing a decision should be

enter ed awarding compensation to petitioner. Stipulation (ECF No. 163). Respondent denies

that the vaccines are the cause of petitioner’s alleged injuries, or any other injury or his current

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:

(1) that is a trade secret or commerci al or financial in substance and is privileged or confidential; or (2) that

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. Id.

2 The Nati onal Vaccine Injury Compensation Program is set forth in Part 2 of the National 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 (2012)

(Vaccine Act or the Act). All citations in thi s decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §

300aa.2

condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree

that the issues between them shall be settled and that a decision should be entered awarding the

compensation to the petitioner according to the terms of the stipulation attached hereto as

Appendix A. Id. at ¶ 7.

The sti pulation provides:

a) A lump sum of $ 65,000. 00 in the form of a check payable to petition er . This

amount represents compensation for all damages that would be available under

42 U.S.C. § 300aa

- 15(a).

Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with

the terms of the stipulation and this decision. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).