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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-660V Filed: April 24, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED THOMAS WEIL, * * Special Master Dorsey Petitioner, * * Joint Stipulation on Damages; v. * Influenza (Flu) Vaccine; Guillain- * Barré Syndrome (GBS)

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* * * * * * * * * * * * * * * * Sherry K. Drew, McDowell & Drew, Ltd., Glenview, IL, for petitioner. Lindsay Corliss, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On September 10, 2013, Thomas Weil (“petitioner”) filed a petition pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). The petition alleges that petitioner received an influenza (“flu”) vaccination on October 30, 2012, and

that the flu vaccine caused him to deve lop Guillain-Barré Syndrome (“GBS”). See Petition at 1-

2.

On April 24, 2014, the parties filed a stipulati on in which they state that a decision should be entered awarding compensation.

1 Because this decision contains a reasoned explan ation for the undersigned’s action in this case, the undersigned intends to post th is ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is priv ileged or confidential; or (2) that includes medical files or similar files, the

disclosure of which would const itute a clearly unwarra nted invasion of privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Prog ram is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. N o. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2 Respondent denies that the influenza vaccine is the cause of pe titioner’s alleged GBS and/or any other injury. Neverthe less, the parties agree to the join t stipulation, att ached hereto as Appendix A. The undersigned finds the stipulation reasonable a nd adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner sh all receive the following compensation:

A lump sum of $100,000.00, in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with th e stipulation.

In the absence of a motion for review file d pursuant to RCFC Appendix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

3 Pursuant to Vaccine Rule 11(a) , entry of judgment is expedite d by the parties’ joint filing of notice renouncing the ri ght to seek review.Case 1:13-vv-00660-UNJ Document 19 Filed 04/24/14 Page 1 of 5Case 1:13-vv-00660-UNJ Document 19 Filed 04/24/14 Page 2 of 5Case 1:13-vv-00660-UNJ Document 19 Filed 04/24/14 Page 3 of 5Case 1:13-vv-00660-UNJ Document 19 Filed 04/24/14 Page 4 of 5Case 1:13-vv-00660-UNJ Document 19 Filed 04/24/14 Page 5 of 5