# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 7

- 529 V

(Not to be published)

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

JAMIE CHOI

, *

*

Petitioner, * Filed: January 2 8 , 2020

*

v. * Decision by Stipulation; Damages;

* Influenza (“Flu”) Vaccine.

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

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

Amy A. Senerth

, Muller Brazil, LLP

, Dresher, PA, for Petitioner

.

Glenn MacLeod

, U.S. Dep’t of Justice, Washington, DC, for Respondent

.

DECISION ON JOINT STIPULATION 1

On April 4 , 2017 , Petitioner Jamie Choi filed a petition seeking compensation under the

National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Pet

. , ECF No. 1.

Petitioner alleges that s he suffered chronic inflammatory demyelinating polyneuropathy (“CIDP”)

as a result of receiving an influenza (“flu”) vaccination on October 17, 2015. See Stipulation ¶ 2,

4, dated January 27, 2020 (ECF No. 49); see also Petition.

Respondent denies “the flu vaccine caused petitioner to suffer CIDP, or any other injury;

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §

3501 (2012). This means the ruling will be availa ble to anyone with access to the internet . As provided

by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain

kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days

within which to request redaction “of any information furnished by that party: (1) that is a trade 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 unwa rranted invasion of privacy.” Vaccine

Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The National 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.A. ' 300aa

10

- ' 300 aa

- 34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine

Act are to 42 U.S.C.A. ' 300aa.2

and further denies that her current disabilities are a sequela of a vaccine

- related injury.” See

Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above

- stated positions, agreed

in a stipulation filed January 27, 2020 that the issues before them can be settled and that a decision

should be entered awarding Petitioner compensation.

I have reviewed the file , and based upon that review, I conclude th at the parties’ stipulation

is reasonable

. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The stipulation awards :

a lump sum of $ 170,000.00 in the form of a check payable to [P] etitioner.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under

42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner

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

of the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties ma y expedite entry of judgment by jointly filing notice

renouncing their right to seek review.