# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 181 V

Filed: November 13, 2015

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
E.T., a minor, by his parents *

FRANCISCO and LUZ TAMEZ, *

*

Petitioner, * Joint Stipulation on Damages ;

* Influenza ;

* Guillain

- Barre Syndrome ( “ GBS ” ) ;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*
Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Black McLaren, et al, PC, Memphis, TN

, f or petitioner. Claudia Barnes Gangi , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On February 26, 2015

, 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 their son suffered G uillain

- Barre Syndrome ( “ GBS ” ) as a consequence of his December 4, 2013 influenza vaccination . Petit ion at

1

- 3 ; Stipulation , filed 11/13/2015

, ¶ 4

. Petitioner further alleges h e received the

vaccination within the United States, that the residual effects of his injury lasted for more

than six months , and that there has been no prior award or settlement of a civil action for damages resulting from this condition . Petit ion at 4 ; Stipulation ¶¶ 3

- 5

. “ Respondent

denies that the flu vaccine caused ET ’ s GBS or any other injury or his current

condition. ” Stipulation

, ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)) . 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

unwarra nted 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 ).Nevertheless, o n November 13, 2015 , 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 stipulated that petitioner shall receive the following compensation:

• A lump sum of $ 4 ,700.00 in the form of a check payable to
petitioner s, representing compensation for ET ’ s past unreimbursed

vaccine

- related medical expenses; and

• A lump sum of $105,300.00 in the form of a check payable to
petitioners, as guardians/conservators of ET ’ s estate, representing compensation for all other damages that would be available under 42
§ 300aa

- 15(a)

.

Stipulation, ¶ 8. These amount s represent 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 notice
renouncing the right to seek review.