# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 0851 V

Filed: November 16, 2018

UNPUBLISHED

JEFFREY LEVINE and TONI ANN

LEVINE on behalf of A.L., a minor

child

,

Petitioner s,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Measles Mumps Rubella (MMR) Vaccine; Guillain

Barre Syndrome (GBS) ; Annuity

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner s. Gabrielle Manganiello Fielding , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On June 23, 2017

, p etitioner s filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the “Vaccine Act”)

. Petitioner s 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. Petitioner s further allege that the vaccine s 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), petitioner s ha ve 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 Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims'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 . Petit ion 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, o n 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 term s stated in the attached Stipulation

, the undersigned

award s the following compensation:

A n 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 wo uld be

available under § 15(a). Id

.

The undersigned approves the requested amount for petitioner s’ 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.