# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 09

- 657 V

Filed: January 5, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

ROSELLA LYONS

, *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza ( “ Flu ” ) Vaccine; Guillain

-

* Barr é Syndrome (“GBS”).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Franklin John Caldwell, Jr. , Maglio Christoph er & Toal e, PA, Sarasota, FL

, for P etitioner

. Michael Milmoe

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On October 2, 2009

, Rosella Lyons (“ P etitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner allege s

that sh e suffered from Guillain

- Barré syndrome (“GBS”) as a result of an influenza (“flu”)

vaccine administ ered to h er on October 14, 2008

. 3

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 furn ished 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 o f priv acy.” 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 citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

3 The petition lists the date of vaccination as October 14, 20 07

. However, t he medical r ecords

reflect that the date of v accination w as October 1 4, 2008, and the p arties have now stipulated that

the latter date is accurate.

1On January 2

, 201 5

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

should be entered awarding compensation.

Respondent denies that the flu vaccine caused Petitioner’s alleged GBS or any other

injury

, and further denies that h er current disabilities are sequelae of a vaccine

- related 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 $ 30 0,000.00, 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 etition er ’s compensation.

Accordingly, 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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