In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-181V

Filed: November 13, 2015

UNPUBLISHED

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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. *

*

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Michael McLaren, Black McLaren, et al, PC, Memphis, TN, for petitioner.

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On February 26, 2015, petitioners filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 [the 

“Vaccine Act”]. Petitioners allege that their son suffered Guillain-Barre Syndrome 

(“GBS”) as a consequence of his December 4, 2013 influenza vaccination. Petition at

1-3; Stipulation, filed 11/13/2015, ¶ 4. Petitioner further alleges he 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. Petition 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 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 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 

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 subparagraph of 42 U.S.C. § 

300aa (2012).
Nevertheless, on 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 

petitioners, 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 amounts 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.