# 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GENEVIEVE COSTABILE, * UNPUBLISHED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

- 5 78 V

*

v. * Special Master Gowen

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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 STIPULATION 1

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 brachi al plexopathy as a result

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

than six months.

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 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 w ill

be posted on the Court’s website without any cha nges. 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 sti pulation providing that a decision should be

entered awarding compensation to petitioner. Stipulation (ECF No. 3 1 ). Respondent denies that

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

that the vaccine caused petitioner to suffer an y other in jury or her c urrent c ondition

. Id. at ¶ 6.

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

them shall be set tled 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 $ 4 6,258.78 in the form of a check payable to petitioner.

Thi s 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).