# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 48 V

Filed: November 17, 2016

UNPUBLISHED

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

PETER STOKKE

, *

*

Petitioner, * Joint Stipulation on Damages ;

v. * Influ e n za ;

* Guillain

- Barre Syndrome ( “ GBS ” ) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL

, f or petitioner.

Christine Mary Becer , U

. S

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

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On January 12, 2016

, p etitioner 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 alleges that he suffered G uillain

- Barre Syndrome ( “ GBS ” ) a s

a result o f his February 4, 2014 influenza vaccination

. Petition at 1

- 2 ; Stipulation , filed

November 17, 2016

, at ¶ 4

. Petitioner further alleges t hat he experienced the residual

effects of his injury for more than six months and that there has been no prior award or

settlem ent of a civil action for damages on his behalf as a result of his condition

. Petit ion at 2

- 3 ; Stipulation at ¶¶ 4

- 5

. “ Respondent denies t hat the influenza vaccine

c aused petitioner to suffer from GBS or any other injury or his current condition. ”

Stipulation at ¶ 6.

Nevertheless, o n November 17, 2016 , the parties filed the attached joint

stipulation, stating that a decision should be entered awarding compensation. The

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 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 $ 1 11,004.00 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.