# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 13-133V (Not to be published)

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* 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 DAMAGES 1

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 Se ptember 1, 2011, he suffered from Guillain-Barrè syndrome (“GBS”), and that he experienced the eff ects of this injury for more than six months.

Respondent denies that Petit ioner’s GBS was caused-in-fact by his flu vaccination, and
denies that the vaccine caused a ny other injury or his current c ondition. Nonetheless both parties,

1 Because this decision contains a reason ed explanation for my action in this cas e, 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 ha s 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 priv acy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the public. Id.

2 The National Vaccine Injury Compen sation 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”]. Indi vidual 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 compensa tion 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), th e parties may expedite entry of judgmen t by each filing (either jointly or separately) a notice renouncing their right to seek review.