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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 0 9

- 776V

Filed: J anuary 10, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

E DDIE MAXIE

, *

* Special Master Dorsey

Petitioner, *

* Joint Stipulation on Damages;

v. * Trivalent Influenza (Flu) Vaccine;

* Guillain

- Barré Syndrome (GBS).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent

. *

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

Lawrence R. Cohan

, A napol Schwartz

, P hiladelphia, PA

, for petitioner

. Jennifer Reynaud , U.S. Department of Justice, Washington, DC, for respondent.

DECISION 1

On N ovember 1 2 , 2009

, E ddie Maxie (petitioner )

, filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that she sustained the first symptom or manifestation of Guillain

- Barré

Synd rome (“GBS”) as a result of h is receipt of a trivalent influenza (“flu”) vaccine, which he

received on or about N ovember 15, 2006 . Petitioner alleges that he experienced the residual

effe cts of this injury for more than six months

.

On J anuary 9 , 2014

, the parties filed a stipulation, stating that a decision should be

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this 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 ha s 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 privileged or confidential; or (2) that includes medical files or similar files, the

disclos ure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule

18(b).

2 The National 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. 37 55, 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

entered awarding compensation.

Respondent denies that the flu vaccine caused petitioner’s alleged injuries or any other

injury or h is current disabilities

. Nevertheless, the parties agree to the joint stipulation, attached

hereto as Appendix A. 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 stipulated that petitioner shall receive the following compensation:

1. A lump sum of $ 5 8,152.65

, in the form of a check payable jointly to petitioner

and Louisiana Depa rtment of Health & Hospitals/Medicaid

, Attn. Daniel L.

Duhon

, P.O. Box 3836

, Baton Rouge, LA 70821

- 3836 , in satisfaction of the State

of Louisiana Medicaid lien ; and

2. A lump sum of $250,000.00 in the form of a check payable to petitioner. This

amount represents compensation for all damages that would be availab le under 42

U.S.C. § 300aa

- 15(a).

Stipulation ¶ 8.

The undersigned approves the requested amo unt for petitioner ’s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursu ant 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 expedited by the parties’ joint filing of

notice renouncing the right to seek review.Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 1 of 5Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 2 of 5Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 3 of 5Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 4 of 5Case 1:09-vv-00776-UNJ Document 87 Filed 01/09/14 Page 5 of 5