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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 676 V

Filed: April 8 , 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

CHARLES STOREY

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu ”) Vaccine;

* Tinnitus

. SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Andrew Donald Downing

, Van Cott & Talamante

, PLLC, Phoenix, AZ, for P etitioner

. Ryan Daniel Pyles

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On July 29, 2014

, Charles Storey (“ P etitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 Petitioner alleged that his preexisting bilateral tinnitus

conditioned worsened a s a result of the administration of the Influenza (“Flu ”) vaccine on

January 10, 2014

.

On April 7

, 2015

, the parties filed a stipulation in which they state that a decision should

be entered awarding compensation. Respondent denies that the flu vaccine is the cause of

Petitioner’s al leged significant aggravation of a tinnitus

- related condition, 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 decisio n of the Court in

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 purposes espoused in the E

- Gove rnment Act of 2002. See 44

U.S.C. § 3501 (20 12)

. Each party has 14 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 unwarranted invasion o f privacy.” Vaccine Rule

18(b).

2 Th e National Vaccine Injury Compensation Program is set forth in Part 2 of the National

Childh ood Vaccine Injury Act of 1986, 4 2 U.S.C. §§ 300aa

- 1 to

- 34 (2012).2 awarding damages, on the terms set forth therein.

The parties stipulate that P etitioner shall receive the following compensation:

A lump sum of $ 3 0 ,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 ¶ 8.

The undersigned approves the requested amo unt for P etitioner ’s compensation.

Accordingly, an award should be made consistent 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. 3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 Entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek

review. Vaccine Rule 11(a).Case 1:14-vv-00676-UNJ Document 46 Filed 04/07/16 Page 1 of 5Case 1:14-vv-00676-UNJ Document 46 Filed 04/07/16 Page 2 of 5Case 1:14-vv-00676-UNJ Document 46 Filed 04/07/16 Page 3 of 5Case 1:14-vv-00676-UNJ Document 46 Filed 04/07/16 Page 4 of 5Case 1:14-vv-00676-UNJ Document 46 Filed 04/07/16 Page 5 of 5