In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: January 5, 2021

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GENEVIEVE COSTABILE, * UNPUBLISHED

*

Petitioner, * No. 19-578V

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v. * Special Master Gowen

*

SECRETARY OF HEALTH * Stipulation; Influenza (Flu);

AND HUMAN SERVICES, * Brachial Plexopathy.

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Respondent. *

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Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Lynn C. Schlie, United States Department of Justice, Washington, DC, for respondent. 

DECISION ON STIPULATION1

On April 17, 2019, Genevieve Costabile (“petitioner”) filed a petition for compensation 

within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition 

seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (flu) 

vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 

100.3(a).

Petitioner received a flu vaccine on September 18, 2017. The vaccine was administered 

within the United States. Petitioner alleges that she suffered a left brachial plexopathy as a result 

of receiving the flu vaccine and that she experienced the residual effects of this injury for more 

than six months.

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a

reasoned explanation for the action in this case, I intend 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/aggregator/sources/7. 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 opinion. 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. Id.

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 citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 

300aa. 
2

On January 5, 2021, respondent filed a stipulation providing that a decision should be 

entered awarding compensation to petitioner. Stipulation (ECF No. 31). Respondent denies that 

petitioner sustained a left brachial plexopathy following the flu vaccination and further denies 

that the vaccine caused petitioner to suffer any other injury or her current condition. Id. at ¶ 6. 

Maintaining their respective positions, the parties nevertheless now agree that the issues between 

them shall be settled and that a decision should be entered awarding compensation according to 

the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. 

The stipulation awards:

1) A lump sum of $46,258.78 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). I adopt the stipulation as the decision of the Court and hereby award 

compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of 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).