In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

ROBERT PREVETTE, * No. 12-662V

*

Petitioner, * Special Master Moran

*

v. * Filed: March 24, 2015

*

SECRETARY OF HEALTH * Stipulation; influenza vaccine;

AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”);

* Chronic Inflammatory Demyelinating

Respondent. * Polyneuropathy (“CIDP”).

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

Lawrence R. Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner;

Michael Milmoe, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On March 20, 2015, respondent filed a joint stipulation concerning the 

petition for compensation filed by Robert Prevette on October 2, 2012. In his

petition, Mr. Prevette alleged that the influenza vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on 

October 26, 2010, caused him to suffer Guillain-Barré Syndrome (“GBS”) and 

Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”). Petitioner 

represents that there has been no prior award or settlement of a civil action for 

damages on his behalf as a result of his condition.

Respondent denies that the influenza vaccine caused petitioner to suffer 

from GBS, CIDP, or any other injury, and denies that his current disabilities are 

sequelae of a vaccine-related injury.

 

1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), 

the party has 14 days to file a motion proposing redaction of medical information or other 

information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special 

master will appear in the document posted on the website.
2

Nevertheless, the parties agree to the joint stipulation, attached hereto as 

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as 

the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A. A lump sum payment of $1,008,453.61, which amount represents 

compensation for first year life care expenses ($114,043.62), lost 

earnings ($676,429.59), pain and suffering ($213,762.22), and past 

unreimbursable expenses ($4,218.18), in the form of a check payable 

to petitioner, Robert Prevette; and 

B. An amount sufficient to purchase the annuity contract described in 

paragraph 10 of the attached stipulation (“Appendix A”), paid to the 

life insurance company from which the annuity will be purchased 

(the “Life Insurance Company”).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, 

the clerk is directed to enter judgment in case 12-662V according to this decision 

and the attached stipulation.2

Any questions may be directed to my law clerk, Mary Holmes, at (202) 357-

6360.

 

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

 

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
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