# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15 -979V Filed: May 27, 2016
UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * FELICIA WILSON, *

* Petitioner, * Joint Stipulation on Damages;

v. * Influenza ( “ Flu ” ) Vaccine; * Guillain-Barré Syndrome ( “GBS”) ; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop

, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Ryan Pyles, U .S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On September 4, 2015

, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the
“Vaccine Act” ) . On September 15, 2015, petitioner filed an amended petition, altering the introductory paragraph of her original petition and re -alleging all other matters. Petitioner alleges that she suffered “ injuries, including but not limited to, GBS which developed after administration of the flu vaccination on September 25, 2012. ” Amended Petition, filed Sept. 15, 2015, at 1 (ECF No. 8). Petitioner further alleges that she has suffered the effects of her injury for more than six months, and that she has not filed a civil suit or received compensation for her injury alleged as vaccine caused. Original Petition, filed Sept. 4, 2015, at ¶ 20

- 22 (ECF No. 1); see also Amended Petition at 1.

“ Respondent denies that the flu immunization is the cause of petitioner ’ s alleged GBS and/or any other injury. ” Stipulation, filed May 26, 2016, at ¶ 6 (ECF No. 21).

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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). In accordance with Vaccine Rule 18(b), petitioner has 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.

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 subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n May 26, 2016, 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.

The parties stipulate that petitioner shall receive the following compensation:

A lump sum of $150,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-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 no tice renouncing the right to seek review.