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 In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-807V 

Originally Filed: October 14, 2016 

Refiled in Redacted Form: December 2, 2016

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

, * UNPUBLISHED

 * 

Petitioner, * Special Master Hamilton-Fieldman

 * 

v. * Joint Stipulation on Damages;

 * Influenza (“Flu”) Vaccine; Guillain 

SECRETARY OF HEALTH * Barré Syndrome (“GBS”).

AND HUMAN SERVICES, * 

 * 

Respondent. * 

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

Carol L. Gallagher, Carol L. Gallagher, Esq., LLC, for Petitioner. 

Darryl R. Wishard, United States Department of Justice, Washington, DC, for Respondent. 

DECISION1

On July 29, 2015, (“Petitioner”) petitioned for compensation under 

the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (2012). 

Petitioner alleged that the administration of the Influenza (“Flu”) vaccine, on September 18, 

2013, caused her to develop Guillain-Barré Syndrome (“GBS”).

 On October 11, 2016, the parties filed a stipulation stating that a decision should be 

entered awarding compensation. Respondent denies that the Flu vaccine caused Petitioner’s 

 

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 When this decision was originally filed the undersigned advised her intent to post it on the 

United States Court of Federal Claims’ website, in accordance with the E-Government Act of 

2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). In accordance with Vaccine Rule 18(b), Petitioner filed a timely motion 

to redact certain information. This decision is being reissued with the redaction of Petitioner’s 

name. Except for those changes and this footnote, no other substantive changes have been made. 

This decision will be posted on the court’s website with no further opportunity to move for 

redaction.
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alleged GBS or any other injury. Stipulation at ¶ 6, filed Oct. 11, 2016. 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 awarding damages, on the 

terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation: 

1) A lump sum payment of $2,978,711.73, which amount represents compensation for 

first year life care expenses ($24,251.49), lost earnings ($2,718,701.03), pain and 

suffering ($225,000.00), and past unreimburseable expenses ($10,759.21), in the 

form of a check payable to Petitioner; and 

2) An amount sufficient to purchase an annuity contract described in paragraph 10 of 

the stipulation, to be paid to a life insurance company meeting the criteria described 

in paragraph 9 of the stipulation, from which the annuity will be purchased. 

Stipulation at ¶ 8, filed Oct. 11, 2016. These amounts represent compensation for all damages 

that would be available under section 15(a) of the Act. Id. The undersigned approves the 

requested amounts 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.2

 

IT IS SO ORDERED.

 s/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

 Special Master

 

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

review. Vaccine Rule 11(a).