# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 3

- 622 V

Filed: February 25 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

DANYA MANNING

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza ( “ Flu ” ) Vaccine; Guil l ai n

-

* Barr é S yndrome ( “ GBS ” ).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Franklin John Cal dwell, Jr.

, Maglio, Christopher & Toale, P.A., Sarasota, FL

, for P etitioner

. Amy Kokot

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On August 29, 2013

, Danya Manning 2 (“ P etitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 3 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner allege d that t he administration of a n influenza ( “ flu ” ) vaccine on September 30, 2011

caused her to suffer from Guillain

- Barr é syndrome ( “ GBS ” )

.

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 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 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

tra de 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 o f

privacy.” Vaccine Rule 18(b).

2 At the time her petition was filed, Petitioner ’ s name was Danya Wright

. Petitioner subsequently

changed her name to Danya Manning, and the case caption was amended accordingly. See Order

gr anting Motion to Amend/Correct , dated October 22, 2013.

3 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. §§

300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. § 300aa.

1On February 25

, 2015

, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation. Respondent denies that the flu v acc ine is the cause of

Petitioner ’ s a lleged GBS 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 awarding damages, on the terms set forth therein.

The parties stipulate that P etitioner shall receive the following compensation:

A lump sum of $ 12 5 ,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 amo unt for P etitioner ’s compensation.

Accordi ngly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice

renouncing the right to seek review.

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