# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 704 V

Filed: December 1 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

DAVID ALLEN

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza ( “ Flu ” ) Vaccine; Guillain

-

* Barr é Syndrome (“GBS”).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Isaiah Kalinowski , Maglio Christopher & Toale, PA, Washington, D.C.

, for P etitioner

. Glenn MacLeod

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On September 19 , 2013

, David Allen (“ P etitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that he suffered from Guillain

- Barr é syndrome (“GBS”) as a result of an

influenza (“flu”) vaccine administ ered to him on November 16, 2011

.

On December 1

, 2014

, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling 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

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 tra de 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 o f privacy.” Vaccine Rule

18(b).

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. §§ 300aa

- 1 to

- 34 (2006) (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.

1Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injury and

further denies that his current disabilities are sequelae of a vaccine

- related injury . Nevertheless,

the parties agree to the joint stipulation, attached hereto as Appendix A. 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 stipulate that P etitioner shall receive the following compensation:

A lump sum of $8 0,000.00, in the form of a check payable to Petitioner, David Allen

. This amount represents compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a).

Stipulation ¶ 8.

The undersigned approves the requested amo unt for P etitioner ’s compensa tion.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

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.

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