# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 632 V

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

*

JOHN J. RAINONE

, *

* Filed: September 22 , 2014

Petitioner, *

* Decision Awarding Damages based

v. * on Stipulation; influenza (flu )

* vaccine; Guillain

- Barré syndrome

SECRETARY OF HEALTH AND * (GBS)

HUMAN SERVICES, *

*

Respondent. *

*

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

Michael R. De Luca , Gidley, Sarli & Marusak, LLP, Providence, RI, for Petitioner.

Glenn A. MacLeod , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On September 3, 2013, John J. Rainone filed a petition seeking compensation under the

National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleges that

he suffered from Guillain

- Barré syndrome (“GBS”) as a result of receiving the trivalent

influenza ("flu") vaccine.

Respondent denies that Petitioner’s GBS and any related medical problems were caused

by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above

- stated

1 Because this decision contains a reasoned explanation for my action in this case, I will post this decision 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 (codifie d 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 posted decision’s inclusion of certain kinds of

confidential information. Specifically, under Vaccine Rule 18(b), 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 discl osure of which

would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will

be available to the public. Id.

2 The National Vaccine Injury Compensation Program is set forth in 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 A ct”]. All citations in this decision to individual sections of the Vaccine Act are

to 42 U.S.C.A. ' 300aa.2

positions, agreed in a stipulatio n filed September 19, 2014 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 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 $245,000.00 in the form of a check payable to Petitioner,

representing compensation for all damages that would be available under 42

U.S.C. § 300aa

- 15(a).

Stipulation ¶ 8.

I approve a Vaccine Program award in the requested amount set forth above to be made

to Petitioner. In the absence of a motion for review filed pursuan t 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 both (either separately or jointly)

filing a notice renouncing their right to seek review.