# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15 -1 374 V Filed: December 16, 2016 U npublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * SANDRA PHILLIPS , * * Petitioner, * Joint Stipulation on Damages ; v. * Influenza (“Flu”) Vaccine; Guillain

- Barré * Syndrome (“GBS”); Special Processing SECRETARY OF HEALTH * Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA , f or petitioner. Voris E. Johnson , U .S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION 1 Dorsey , Chief Special Master: On November 13, 2015 , Sandra Phillips (“ 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 s he suffered Guillain

Barré Syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on October 4, 2013 . Pet

. at 1 ; Stip

. , filed Dec. 16 , 2016 , at ¶ ¶ 1, 2, 4

. Petitioner further states that the vaccine was administered in the United States, that s he experienced the residual effects of h er injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a resul t of h er condition. Pet. at ¶¶ 3 , 20 , 24 ; Stip

. at ¶¶ 3-5 . Respondent denies t hat the influenza vaccine caused petitioner ’s alleged injury and residual effects, or any other injury. Stip

. at ¶ 6. Nevertheless, o n December 16, 2016 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 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: A lump sum of $195 ,000 .00 in the form of a check payable to petitioner , S andra Phillips

. Stip

. at ¶ 8. This amount represents compensation for all damages that would be available 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 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 no tice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

__________________________________________ ) SANDRA PHILLIPS, ) ) Petitioner, ) ) No. 15-1374V (ECF) v. ) Chief Special Master Dorsey ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________)
STIPULATION The parties hereby stipulate to the following matters: 1. Sandra Phillips (“petit ioner”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to - 34 (the “Vaccine Program”). The petition seeks compensation for injuries sustained following petitioner’s re ceipt of an inf luenza vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).
2. Petitioner received a n influenza vaccine on October 4, 2013.
3. The vaccine w as administered within the United States.
4. Petitioner alleges that she subsequently suffered the injury Guillain

- Barré Syndrome (“GBS”) , which petitioner alleges w as caused

- in

- fact by h er receipt of the influenza vaccine. Petitioner further alleges that s he exper ie nced the residual effects of her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition.2 6. Resp ondent denies that the influenza vaccine caused petitioner’s alleged injury and residual effects , or any other injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $195,000.00 in the form of a check payable to p etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be

e xpected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.), or by entities that provide health services on a pre- paid b asis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to3 paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for the award for attorneys’ fees and litigation costs, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the Secretary of Health and Human Services and the United States of America from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to, or death of, petitioner resulting from, or allege d to have resulted from, th e influenza vaccine administered on October 4, 2013, as alleged by petitioner in a petition for vaccine compensation filed on or about November 13, 2015, in the United States Court of F eder al Claims as petition No. 15-1374 V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation, or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’4 settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Vaccine Injury Act of 1986, as amended , except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa rt of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall no t be construed as an admission by the United States of America or the Secretary of Health and Human Services that petitioner’s alleged GBS and residual effects, or any other injury , were caused

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- fact by the influenza vaccine.
18. All rights and obligati ons of petitioner hereunder shall apply equally to petitioner’s heirs, successors and/or assigns.
END OF STIPULATION / / / / / / / / / / / / / / /