In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-0851V 

Filed: November 16, 2018

UNPUBLISHED

JEFFREY LEVINE and TONI ANN 

LEVINE on behalf of A.L., a minor 

child, 

 Petitioners, 

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Measles Mumps 

Rubella (MMR) Vaccine; GuillainBarre Syndrome (GBS); Annuity

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioners. 

Gabrielle Manganiello Fielding, U.S. Department of Justice, Washington, DC, for 

respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On June 23, 2017, petitioners filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the “Vaccine 

Act”). Petitioners allege that A.L. suffered Guillain Barre Syndrome (“GBS”) as a result 

of an influenza vaccine received on November 2, 2015 and a measles mumps rubella 

vaccine received on December 31, 2015. Petition at 1; Stipulation, filed November 15, 

2018, at ¶¶ 1-4. Petitioners further allege that the vaccines were administered in the 

United States, that A.L. experienced residual effects of this injury for more than six 

months, and that there has been no prior award or settlement of a civil action for 

 

1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 

This means the decision will be available to anyone with access to the internet. In accordance with 

Vaccine Rule 18(b), petitioners have 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. Because this unpublished decision contains a reasoned explanation for the 

action in this case, 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). 

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

damages on behalf of A.L. as a result of her condition. Petition at 1, 3-4; Stipulation at 

¶¶ 3-5. “Respondent denies that the vaccine caused A.L. to suffer from GBS or any 

other injury ” Stipulation at ¶ 6. 

Nevertheless, on November 15, 2018, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. The 

undersigned finds the stipulation reasonable and adopts it as the decision of the Court 

in awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, the undersigned

awards the following compensation:

An amount sufficient to purchase the annuity contract described in 

paragraph 10 [of the attached stipulation], paid to the life insurance 

company from which the annuity will be purchased (the “Life Insurance 

Company”). 

Stipulation at ¶ 8. 

This amount represents compensation for all items of damages that would be 

available under § 15(a). Id. 

The undersigned approves the requested amount for petitioners’ 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 notice 

renouncing the right to seek review.