In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 13-133V 

(Not to be published) 

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

 * 

HOWARD MOOSMAN, * Filed: January 5, 2015 

 * 

 Petitioner, * 

 * Decision by Stipulation; Damages; 

 v. * Influenza (“Flu”) Vaccine; 

 * Guillain-Barrè Syndrome (“GBS”) 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Franklin J. Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner. 

Alexis Babcock, U.S. Dep’t of Justice, Washington, DC, for Respondent. 

DECISION AWARDING DAMAGES1

On February 21, 2013, Howard Moosman filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program.2 Petitioner alleges that as a result of receiving 

the influenza (“flu”) vaccine on or about September 1, 2011, he suffered from Guillain-Barrè 

syndrome (“GBS”), and that he experienced the effects of this injury for more than six months. 

Respondent denies that Petitioner’s GBS was caused-in-fact by his flu vaccination, and 

denies that the vaccine caused any other injury or his current condition. Nonetheless both parties, 

 

1

 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of 

the United States Court of Federal Claims, 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 inclusion of certain kinds of confidential information. To 

do so, Vaccine Rule 18(b) provides that 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 decision will be available to the 

public. Id.

2

 The National Vaccine Injury Compensation Program comprises 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 – 34 (2006)) 

[hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to ' 300aa of the Act. 
2 

while maintaining their above-stated positions, agreed in a stipulation (filed January 5, 2015) 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 (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding 

damages on the terms set forth therein. 

The stipulation awards: 

 A lump sum of $80,000.00, in the form of a check payable to Petitioner. 

 

Stipulation ¶ 8. This amount represents compensation for all remaining damages that would be 

available under 42 U.S.C. ' 300aa-15(a). 

I approve a Vaccine Program award in the requested amounts 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/ Brian H. Corcoran

 Brian H. Corcoran 

 Special Master 

 

3

 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or 

separately) a notice renouncing their right to seek review.