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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 886 V

Filed: December 18, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

VALERIE COZBEY

, *

* 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. *

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

Donald Philip Edwards

, Atlanta, GA

, for P etitioner

. Michael Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On November 8, 2013

, Valerie Cozbey (“ 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 an influenza (“flu”) vaccination administered to her on November 8

, 201 0 3 caused her to suffer from Guillain

- Barr é syndrome (“GBS”)

.

On December 1 7 , 2015, the parties filed a stipulation in which they state that a decision

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 website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pu b. 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 t rade 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 Nat ional 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 t his decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

3 The parties ultimately stipulated that the flu vaccine was, in fact, administered on November

10, 2010.2 should be entered awarding compensation. Respondent denies that the influenza vaccine caused

Petitioner ’ s alleged GBS

, or any other injury

, and further denies that Petitioner ’ s current

disabilities are sequelae of a vaccine

- related injury . However, t he 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 $ 110,000.00 in the form of a check payable to Petitioner,

representing 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 compensation.

Accordingly, an award should be made consis tent 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. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.Case 1:13-vv-00886-UNJ Document 38 Filed 12/17/15 Page 1 of 5Case 1:13-vv-00886-UNJ Document 38 Filed 12/17/15 Page 2 of 5Case 1:13-vv-00886-UNJ Document 38 Filed 12/17/15 Page 3 of 5Case 1:13-vv-00886-UNJ Document 38 Filed 12/17/15 Page 4 of 5Case 1:13-vv-00886-UNJ Document 38 Filed 12/17/15 Page 5 of 5