# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 0175 V

(Not to be published)

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

MONECA DOUGLASS

, *

*

Petitioner, * Filed: March 5, 2019

*

v. * Decision by Stipulation; Damages;

* Influenza (“Flu”) Vaccine.

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

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

Amber Diane Wilson

, Maglio Christopher and Toale

, Washington, D.C.

, for Petitioner

.

L inda Sara Renzi

, U.S. Dep’t of Justice, Washington, DC, for Respondent

.

DECISION AWARDING DAMAGES 1

On February 6, 2017 , Petitioner Moneca Douglass filed a petition seeking compensation

under the National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Petition,

ECF No. 1. Petitioner alleges that s he developed Guillain

- Barré syndrome ( “ GBS ” ) and chronic

inflammatory demyelinating pol yneuropathy ( “ CIDP ” ) as a result of receiving an influenza (“flu”)

vaccination on October 6, 2015

. See Stipulation ¶ 4 , dated March 4, 2019 (ECF No. 40 ) ; See also

Petition

.

1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision on the

United States Court of Federal Claims’ website, 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 42 U.S.C. §

300aa

- 12(d)(4)(B), however, the parties may object to the posted decision’s inclusion of certain kinds of confidential

information. Specifically, under Vaccine Rule 18(b ), each party has 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 fil es, 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 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.A. ' 300aa

- 10

- ' 300 aa

- 34 (West

1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C .A. '

300aa.2

Respondent denies “that the flu vaccine c aused petitioner to suffer from GBS, CIDP or any

other injury

. ” See Stipulation ¶ 6

. Nonetheless both parties , while maintaining their above

- stated

positions, agreed in a s tipulation filed March 4, 2019 that the issues before them can be settled and

that a decision should be entered awarding Petitioner compensation.

I have reviewed the file , and based upon that review, I conclude that the parties’ stipulation

is reasonable

. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The stipulation awards:

a. a lump sum of $ 525,615.38

, which amount represents compensation for first

year life care expenses ($4,307.52), lost earnings ($344,067.44), pain and

suffering ($175,000.00), and past unreimbursable expenses ($2

, 240.42) , in

the form of a check payable to petitioner; and

b. a n amount sufficient to purchase the annuity contract described in paragraph

10 [ of the stipulation ] , paid to the life insurance company from which the

annuity wil l be purchased (the “ Life Insurance Company ” )

.

Stipulation ¶ 8 , 10

. This award represents compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner

. In the absence of a motion for review filed pu rsuant to RCFC Appendix B, the clerk

of the court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their

right to seek review.