# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-0274V Filed: October 13, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * JOHN HARBRUCKER, *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Neurologic * Injuries; Special Processing Unit SECRETARY OF HEALTH * (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Isaiah R. Kalinowski, Maglio Christopher & Toale, PA, Wash ington, DC, for petitioner. Sarah C. Duncan, U.S. Department of Ju stice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On March 17, 2015, John Harbrucker (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner al leges that he suffered neurologic injuries as a result of an influenza (“flu”) vaccine he received on November 26, 2012. Petition at 1, 3; Stipulation, filed October 11, 2016, at ¶ 4. Petitioner further alleges that his vaccine-related injuries persisted for more than six months follo wing the vaccination. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the influenza vaccine caused petitioner to suffer from neurologic injuries or any other injury or his current condition. ” Stipulation at ¶ 6.

Nevertheless, on October 11, 2016, the parties filed the attached joint stipulation, stating that a decision s hould be entered awarding compens ation. The undersigned

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 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 petitioner s hall receive the following compensation:

A lump sum of $67,500.00, in the fo rm of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e under 42 U.S.C. § 300aa-15(a). Id

.

The undersigned approves the requested amount for petitioner’s compensation.

In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 3

IT IS SO ORDERED.

s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

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