In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16-1225V

(Not to be published)

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

CHARLES STAUBER, *

*

Petitioner, * Filed: December 17, 2018

*

v. * Decision by Stipulation; Damages;

* Influenza (“Flu”) Vaccine.

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

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

Bruce Slane, The Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner.

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

DECISION AWARDING DAMAGES1

On September 29, 2016, Petitioner Charles Stauber filed a petition seeking compensation 

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

ECF No. 1. Petitioner alleges that he developed “[a]cute [t]ransverse [m]yelitis, cervical 

myelopathy, residual myelomalacia, and syringomyelia” as a result of receiving an influenza 

(“flu”) vaccination on October 24, 2014. See Stipulation ¶ 2, dated December 14, 2018 (ECF No. 

23); 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 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 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-' 300aa-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 caused [P]etitioner to suffer from [transverse 

myelitis], any other injury, or his current condition.” See Stipulation ¶ 6. Nonetheless both parties, 

while maintaining their above-stated positions, agreed in a stipulation filed December 14, 2018

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 $200,000.00 in the form of a check payable to Petitioner; and

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

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

annuity will be purchased (the “Life Insurance Company”). 

Stipulation ¶ 8. 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 pursuant 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.