# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: January 20, 2016

* * * * * * * * * * * * * * * UNPUBLISHED

LISA A. BRAY, *

* No. 10

- 207V

Petitioner, *

*

v. * Special Master Dorsey

*

SECRETARY OF HEALTH * Joint Stipulation on Damages;

AND HUMAN SERVICES, * Influenza ( “ flu ” ) Vaccine; Hepatitis

* B Vaccine; Guillain

- Barr é Syndrome

Respondent. * ( “ GBS ” ).

*

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

Franklin John Caldwell, Jr. , Maglio, Christopher & Toale, Sarasota, FL, for petitioner.

Jennifer Leigh Reynaud

, United States Department of Justice, Washington , DC, for respondent.



### DECISION 1

On April 7, 2010, Lisa Bray (“petitioner”) filed a petition pursuant to the National

Vaccine Injury Compensation Program. 2 4 2 U.S.C. §§ 300aa

- 1 to

- 34 (2012 ). The undersigned

determined that p etitioner received an influenza vaccination on December 2 , 2008. See Ruling

Regarding Findings of Fact dated September 16, 2014, (ECF No. 74). Petitioner also received a

Hepatitis B vaccination on February 10, 2009. See Petition at ¶ 5

. Petitioner alleges that she

developed Guillain

- Barré Syndrome (“GBS”) as a result of receiving the influenza and/or

Hep atitis B vaccines. See id. at ¶¶ 7, 10.

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this ruling on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, § 205, 116

Stat. 2899, 2913 (codified as amende d at 44 U.S.C. § 3501 note (2012 )). 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 tra de 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 of privacy.” Vaccine Rule

18(b).

2 The Natio nal 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 (2012 ) ( “ Vaccine Act ” or “ the Act ” ). All citations in this decision

to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.On January 20, 2016, the parties filed a stipulation in which they stated that a decision

should be entered awarding compensation.

Respondent denies that the influenza and/or the Hepatitis B vaccines caused pe titioner’s

alleged GBS and/or any other injury. Nevertheless, the 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 t he terms set forth therein.

The parties stipulate that petitioner shall receive the following compensation:

A lump sum in the amount of $305,000.00 in the form of a check payable to

petitioner. This amount represents compensation for all damages that would be available under

42 U.S.C. § 300aa

- 15(a). Stipulation dated January 20, 2016, (ECF No. 96) at ¶ 8.

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

Accordingly, an award should be made consistent with the stipulatio n.

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

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 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 is expedited by the parties’ joint filing of

notice renouncing the right to seek review.