In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-748V

(Not to be published)

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

*

GREGORY HOOD, *

* Filed: May 23, 2014

Petitioner, * 

* Decision by Stipulation; Damages;

v. * Influenza (“Flu”) Vaccine; Brachial 

* Neuritis

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES, *

*

Respondent. *

*

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

Christopher J. Maley, Maley and Maley, PLLC, Burlington, VT, for Petitioner.

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

DECISION AWARDING DAMAGES1

On September 27, 2013, Petitioner Gregory Hood filed an action seeking compensation 

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

alleges that he suffered brachial neuritis as a result of receiving an influenza (“flu”) vaccine. 

1 Because this decision contains a reasoned explanation for my action in this case, I will post this 

decision on the United States Court of Federal Claims’ website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as 

amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), 

however, the parties may object to the published decision’s inclusion of certain kinds of 

confidential information. Specifically, under 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 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). Otherwise, the whole decision will be available to the 

public. (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-' 300aa-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.

 
Respondent denies that Petitioner’s brachial neuritis or any related medical problems

were caused by his receipt of the flu vaccine. Nonetheless both parties, while maintaining their 

above-stated positions, agreed in a stipulation filed May 23, 2014 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 that 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) A lump sum payment of $2,256.36, representing compensation for satisfaction 

of the State of Vermont Medicaid lien, in the form of a check payable jointly to 

petitioner and:

Department of Vermont Health Access

HP-Financial Services

P.O. Box 1645

Williston, VT 05495

Petitioner agrees to endorse this payment to the Department of Vermont Health 

Access; and

b) A lump sum of $250,000.00, in the form of a check payable to Petitioner

Gregory Hood. This amount represents compensation for all remaining

damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

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 

clerk of the court is directed to enter judgment herewith.3

IT IS SO ORDERED.

 /s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or 

separately) filing notice(s) renouncing their right to seek review.