IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 14

- 525 V

Filed: February 25 , 2015

(Not to be published)

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

LOUIS A. CAPUTO

, *

*

Petitioner, * Stipulation; Damages ; Flu; GBS

v. *

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Lawrence Michel, Esq, Kennedy, Berkley, et al., Salina, KS for petitioner.

Heather Pearlman, Esq.

, U.S. Dep’t. of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Gowen

, Special Master:

On June 20, 2014, Louis Caputo (“petitioner”) filed a petition pursuant to the

National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that as a result of receiving an influenza (“flu”) vaccine on October 29,

2012, he suffered from Guillain

- Barre syndrome [GBS] . Stipulation ¶ 2, 4, filed Feb. 25

, 2015. Further, petitioner alleged that he experienced residual effects of this injury for

more than six months. Id. at ¶ 4.

On Feb ruary 25 , 2015, the parties filed a stipulation in which they state that a

decision should be entered awarding compensation. Resp ondent denies that petitioner

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 trad e 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).

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. §§ 300aa

- 1 to

- 34

(2006) (Vaccine Act or the Act ). All citati ons in this decision to individual sections of the Vaccine Act are to

42 U.S.C.A. § 300aa.suffered GBS or any other injury that was caused

- in

- fact by his October 29, 2012

influenza vaccination; denies that his current disabilities are sequelae of this injury; and

denies that he experienced residual effects of his inj ury for more than six months. Id. at

¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto. The

undersigned finds the stipulation reasonabl e 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:

(a) A lump sum of $ 225,000.00 in the form of a check payable to

petitioner, Louis Caputo . This amount represents compensation for

all damages that would be available under § 300aa

- 15(a).

The undersigned approves the requested amount for petitioner’s compensation.

Accordingly, the clerk of the court SHALL ENTER JUDGMENT in accordance w ith the

terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

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

renouncing the right to seek review.