In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 14-555V 

Filed: November 2, 2016 

Not for Publication 

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

JAY DUBELL, * 

* 

 Petitioner, * 

 * 

v. * 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Ronald C. Homer, Boston, MA, for petitioner. 

Glenn A. MacLeod, Washington, DC, for respondent. 

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On November 2, 2016, the parties filed the attached stipulation in which they agreed to 

settle this case and described the settlement terms. Petitioner alleges that he suffered from a 

neurological demyelinating injury caused by his receipt of influenza (“flu”) vaccine on or about 

October 14, 2011. Respondent denies that the flu vaccine caused petitioner a neurological 

demyelinating injury or any other injury and further denies that the flu vaccine caused petitioner’s 

current disabilities. Nonetheless, the parties agreed to resolve this matter informally.

 

1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this 

case, the special master intends to post this unpublished decision on the United States Court of Federal 

Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 

2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made 

available to the public unless they contain trade secrets or commercial or financial information that is 

privileged and confidential, or medical or similar information whose disclosure would constitute a clearly 

unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and 

move to delete such information prior to the document’s disclosure. If the special master, upon review, 

agrees that the identified material fits within the banned categories listed above, the special master shall 

delete such material from public access.

Damages decision based on stipulation;

neurological demyelinating injury; 

influenza (“flu”) vaccine
 The undersigned finds the terms of the stipulation to be reasonable. The court adopts the 

parties’ stipulation, attached, and awards compensation in the amount and on the terms set forth 

therein. Pursuant to the stipulation, the court awards a lump sum of $285,000.00, representing 

compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) (2012). The 

award shall be in the form of a check for $285,000.00 made payable 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.2

IT IS SO ORDERED.

Dated: November 2, 2016 s/ Laura D. Millman

 Laura D. Millman

 Special Master

 

2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or 

jointly, filing a notice renouncing the right to seek review.
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