# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed : March 30, 2021

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

SAMANTHA CANTU * UNPUBLISHED

*

Petitioner, * No. 1 6

- 1600 V

*

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Decision Based on Stipulation;

AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Guillain

-

* Barré Syndrome (“GBS”).

Respondent. *

*

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

Edward M. Kraus

, Law Offices of Chicago Kent

, Chicago, IL , for petitioner.

Sarah Duncan , United States Department of Justice, Washington, DC, for respondent.

DECISION BASED ON STIPULATION 1

On December 2, 201 6

, Samantha Cantu (“petitioner”) filed a petition in the National

Vaccine Injury Program 2 alleging that as a result of a n influenza (“flu”) vaccination she received

on December 6, 2013

, petitioner suffe red from Guillain

- Barré s yndrome (“GBS”). Petition at 1

(ECF No. 1).

On March 30 , 2021 , the parties filed a stipulation recommending an award of

compensation to petitioner. Stipulation (ECF No. 64 ). Respondent denies that the flu vaccine

caused petitioner’s all eged GB S and residual effects , or any other injury or condition. Id. at ¶ 6

.

1 Because this Decision contains a reasoned explanation for the action in this case, the

undersigned is required 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). This means the Decision will

be available to anyone with access to the Internet. 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 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. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 10 to

- 34 (2012) (“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

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 stipulate that petitioner shall receive the following compensation:

(1) A lump sum of $ 125 ,000.00 in the form of a check payable to petitioner ; and

(2) A lump sum of $29,604.55, which amount represents reimbursement of a

Medicaid lien, in the form of a check payable jointly to petitioner and

HMS

Texas Children’s Health Plan

Casualty Recovery Unit

P.O. Box 168747

Irving, TX 75016

- 8747

Case # 107129

Attn: Linda Goss

Petitioner ag rees to endorse this check to H MS/Texas C hildren ’ s Health Plan.

This amount represents compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a). Stipulation at ¶ 8.

The undersigned approves the requested amount for petitioner ’ s compensation.

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

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of

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.