1 

# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 2

- 807 V (E

- Filed: October 22, 2013 )

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

F RANCIS RAPA

, * UNPUBLISHED

* Petitioner, * Special Master

* Hamilton

- Fieldman

v. *

* I n fluenza V accination;

SECRETARY OF HEALTH AND * C hronic Inflammatory Demyelina ting
HUMAN SERVICES, * Polyneuropathy; Decision; Stipulation

.

* Respondent. *

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

L awrence R. Cohan

, Philadelphia, PA, for P etitioner

. G lenn MacLeod , Washington, DC, for R espondent

.

DECISION AWARDING DAMAGES 1

On N ovember 26, 2012 , Petitioner

, F rancis Rapa , filed a petition seeking compensation under the National Vaccine Injury Compensation Program ( A the Vaccine Program @ ) . Petitioner alleged that he suffered chronic inflammatory demyelinating polyneuropathy

, as a resul t of receiving a n influenza vaccination. 2

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to 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 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 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 disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “t he entire” 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. 3755,2

Respondent denies that Petitioner’s influenza vaccination caused Petitioner’s

chronic inflammatory demyelinating polyneuropathy , and/or any other injury. Nonetheless, both parties, while maintaining their above stated positions, agreed in a Stipulation, filed O ctober 22, 2013 , (“Stipulation”) that the issues before them can be

s ettled and that a decision should be entered awarding Petitioner compensation.

The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The stipulation awards :

A lu mp sum of $ 2 0 0 ,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa

- 15(a) to whi ch Petitioner would be

entitled

.

Stipulation ¶ 8

.

The undersigned approves the requested amounts for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of the court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman Special Master

codified as amended, 42 U.S.C.A. ' 300aa

- 10

- ' 300aa

- 34 (West 1991 & Supp. 2002) (Vaccine Act or the Act). All citations in this decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. ' 300aa.

3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties = joint filing of notice renouncing the right to seek review.