# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 748 V

(Not to be published)

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

*

GREGORY HOOD

, *

* Filed: May 2 3 , 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 DAMAGES 1

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 E

Government 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. Specif ically, 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 includ es

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 avai lable 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

- ' 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.Respondent denies that P etitioner ’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 s tipulation filed May 2 3 , 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 adop t 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

p etitioner 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 $ 2 50 ,000.00, in the form of a chec k payable to P etitioner

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.