# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 16

- 1273 V

Filed: January 5, 2021

UNPUBLISHED

STACI PUTNAM, as Personal Representative of the Estate of A.B.,

Deceased

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Joint Stipulation on Damages; Influenza (Flu) Vaccine; Chronic demyelinating polyneuropathy; CIDP

Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Christine Mary Becer , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On October 5, 2016

, p etitioner filed a petition on behalf of A.B., her deceased child, for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the “Vaccine Act” )

. Petitioner alleges that A.B. developed

chronic inflammatory demyelinating polyneuropathy (“CIDP”) caused by his October 20,

2014 flu vaccination

. Stipulation , filed January 5, 2021

, at ¶ 4

. Petitioner further alleges that A.B. experienced the residual effects of his injuries for more than six months and that there has been no prior award or settlement for damages as a result of A.B.’s

condition or death . Petit ion at 3

- 4 ; Stipulation at ¶¶ 3, 5

. “ Respondent denies that the flu vaccine caused A.B. to suffer from CIDP or any other injury or his death. ” Stipulation

at ¶ 6.

1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E

- Gove rnment

Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the

Internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact

medical or other information the disclosure of which would constitute an unwarran ted invasion of privacy.

I f the special master, upon review, agrees that the identified material fits within this definition, it will be redacted from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755. He reinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 Nevertheless, o n January 5, 2021 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms

set forth therein.

Pursuant to the term s stated in the attached Stipulation

, I award the following compensation:

a. A lump sum of $ 100,000.00 in the form of a check payable to petitioner

, as legal representative of A.B.’s estate

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available

under § 15 (a). Id

.

b. A lump sum of $ 100,000.00 which amount represents reimbursement of a Michigan Department of Health and Human Services Medicaid lien for services rendered on behalf of A.B., in the form of a check payable jointly to petitioner and Michigan Department of Health and Human Services, and mailed to:

Michigan Department of Health and Human Services Third Party Liability Division

P.O. Box 30053

L ansing, MI 48909

Medicaid ID: 0025149844

Petitioner agrees to endorse this payment to the Michigan Department

of Health and Human Services . Stipulation at ¶ 8.

Th ese amount s represent compensation for all items of damages that would be

available under § 15(a). Id

.

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

IT IS SO ORDERED.

s/ Daniel T. Horner

Daniel T. Horner Special Master

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