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 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-676V

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* * * * * * * * * * * * * * * * UNPUBLISHED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 Petitioner.

Ryan Daniel Pyles, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On July 29, 2014, Charles Storey (“Petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.

2 Petitioner alleged that his preexisting bilateral tinnitus 

conditioned worsened as 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 alleged 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 decision 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-Government Act of 2002. See 44

U.S.C. § 3501 (2012). 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 of privacy.” Vaccine Rule 

18(b).

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

Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012).
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awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation:

A lump sum of $30,000.00, 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 amount for Petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

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/ 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).
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