# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 14

- 1143V

Filed: April 7, 2020

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

ANDREW FUNK, * UNPUBLISHED

*

Petitioner, * Decision on Joint Stipulation;

* Inflammatory Neuropathy;

v. * Hepatitis A Vaccine; Hepatitis

* B Vaccine; Meningococcal

SECRETARY OF HEALTH * Conjugate Vaccine; Influenza

AND HUMAN SERVICES, * (“Flu”) Vaccine

*

Responden t. *

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

Glynn Gilcrease, Esq.

, Law Office of Glynn W. Gilcrease, Jr., PC

, Tempe, AZ, for petitioner.

Adriana Teitel

, Esq

. , US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth

, Special Master:

On November 24, 2014

, Andrew Funk [ “ Mr. Funk” or “petitioner”] filed a petition for

compensation under the National Vaccine Injury Compensation Program

. 2 Petitioner allege s that

he developed injuries, including inflammatory neuropathy, after receiving hepatitis A, hepatitis B,

meningococcal conjugate, and influenza vaccinations 3 on December 13, 2011

. Stipulation, filed

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (codified as amended at 4 4 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with access to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen 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 disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 St a t. 3755. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa

(2012 ).

3 The petition also sought compensation for injuries from an adenovirus vaccination, which is not covered

by the Vaccine Program. Stipulation at 1, n.1. In addition to the vaccinations listed in the petition, petitioner

received a tetanus

- diphtheria

- acellul ar pertussis vaccination (“Tdap”) and a pneumococcal conjugate

(“Prevnar 13”) vaccination on December 13, 2011. He also received a second hepatitis A and B vaccination

and a polio vaccination on January 12, 2012. Id

.

### 2

Apr. 7, 2020 at ¶¶ 1

- 4. Respondent denies that any of the aforementioned im munizati on s caused

petitioner ’s injur ies

. Stipulation at ¶ 6.

Nevertheless, the parties h ave agreed to settle the case. On April 7, 2020 , the parties filed

a joint stipulation agreeing to settle this case and describing the settlement terms.

Responden t agrees to issue the fol lowing payment :

A lump sum of $20,000.00 in the form of a check payable to petitioner, Andrew

Funk

. This amount represents compensation for all damages that would b e av ailable

under § 300aa

- 15(a).

I adopt the parties’ stipula tion attached hereto, and award compensation in the amount and

on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance

with this decision. 4

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master

4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.