In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 09-657V

Filed: January 5, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

ROSELLA LYONS, *

 * Special Master Hamilton-Fieldman

Petitioner, *

 * Joint Stipulation on Damages;

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

 * Barré Syndrome (“GBS”).

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

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

Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner.

Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On October 2, 2009, Rosella Lyons (“Petitioner”) filed a petition pursuant to the National 

Vaccine Injury Compensation Program.

2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges

that she suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”)

vaccine administered to her 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 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).

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, 2007. However, the medical records 

reflect that the date of vaccination was October 14, 2008, and the parties have now stipulated that 

the latter date is accurate.

1

 
On January 2, 2015, 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 her 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 Petitioner shall receive the following compensation:

A lump sum of $300,000.00, 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 amount 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.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.

2

 
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