# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: June 8, 2021

* * * * * * * * * * * * * UNPUBLISHED

RONALD MALINSKI, *

Petitioner, * No. 20

- 1156 V

*

v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation; Influenza ( “ flu ” );

AND HUMAN SERVICES, * Transverse myelitis.

*

Respondent. *

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

Leigh Finf

er, Muller Brazil, LLP, Dresher, PA, for petitioner

. Mol lie D. Gorney, U.S. D ept. of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION 1

On September 8, 2020, Ronald Malinski ( “ petitioner ” ) filed a p etition for compensation

under the National Vaccine Injury Program. 2 Petition at Preamble (ECF No. 1). Petition er

received an influenza ( “ flu ” ) vaccine on September 11, 2017. Id. Pet itioner alleges that as a

resu lt of re ceiving the flu vaccin e on September 11, 2017

, he suffered from transverse myelitis.

Id. at Preamble.

On June 8, 2021, respondent filed a stipulation providing that a decision should be

entered awarding compensation to petitioner. Stipulation (ECF No. 19). Respondent denies that

the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or h is current

condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree

that the issues between them shall be settled and that a decision should be entered awarding the

compensation to the petitioner according to the terms of the stipulation attached hereto as

Appendix A. Id. at ¶ 7.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of

Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggre gator/sources/7

. This means the

opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s

website, each party has 14 days to file a motion requesting 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

includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of

privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the

decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the

court’s website without any changes. I d.

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 (2012) (Vaccine

Act or the Act). All ci tations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa

.2

The stipulation provides:

1) A lump sum of $ 123 ,295.00

, in the form of a check payable to petitioner. This

amount represents compensation for all damages, including pain and suffering

and past unreimbur sed expenses that would be available under 42 U.S.C. §

300aa

- 15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount

and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in

accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).