# In the United States Court of Federal C laims

O FFICE OF SPECIAL MASTERS

No. 1 7

- 458 V

Filed: August 7 , 2018

Not for Publication

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

JOSEPH CHARNECO

, *

*

Petitioner, *

* Influenza (“flu”) vaccine;

v. * Guillain

- Barré syndrome (“GBS”)

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent

. *

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

Lawrence R. Cohan

, Philadelphia , P A , for petitioner.

Linda S. Renzi , Washington, DC, for respondent.

MILLMAN, Special Master

DEC ISION AWARDING DAMAGES 1

On March 30 , 201 7 , petitioner filed a petition under the National Childhood Vaccine

Injury Act, 42 U.S.C. § 300aa

- 10

– 34 (2012 ) , alleging that influenza (“flu”) vaccine administered

October 28 , 201 5 caused h im Guillain

- Barré syndrome (“GBS”)

. Petitioner further alleges that

he experienced the residual effects of th ese injur ies for more than six months.

On August 6 , 2018, the par ties filed the attached stipulation in which they agreed to settle

this case and described the settlement terms. Respondent denies that flu vaccin e caused

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this

case, the special master intends to post this unpublished decision on the United States Court of Federal

Claims’ website, in accordance with the E

- Gov ernment Act of 2002, 44 U.S.C. § 3501 note (2012)

(Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that

all decisions of the special masters will be made available to the public unless they contain trade secr ets

or commercial or financial information that is privileged and confidential, or medical or similar

information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a

decision is filed, petitioner has 14 days to identif y and move to redact such information prior to the

document’s disclosure. If the special master, upon review, agrees that the identified material fits within

the banned categories listed above, the special master shall redact such material from public acc ess.2 petitioner to have GBS or any other injury. Nonetheless, the parties agreed to resolve this case

in formally.

The undersigned finds the terms of the stipulation to be reasonable

, hereby adopts the

parties’ said stipulation, attached hereto, and awards compensation in the amount and on the

terms set forth herein. Pursuant to the stipulation, the undersi gned awards the following vaccine

compensation payment :

A lump sum payment of $ 85 ,000.00 in the form of a check made

payable to petitioner, Joseph Charneco . This amount represents

compensation for all elements of damage available under 42

U.S.C. § 300aa

- 15(a).

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

undersigned directs the Clerk of Court to enter judgment herewith. 2

IT IS SO ORDERED.

Dated: August 7 , 2018 s/ Laura D. Millman___

Laura D. Millman

Special Master

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either

separately or jointly, filing a notice renouncing the right to seek review.