# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

RUBEN CASTILLO

, * No. 14

- 083V

Petitioner, * Special Master Moran

*

v. * Filed: May 8, 2015

*

SECRETARY OF HEALTH * Stipulation; I nfluenza (“flu”) vaccine;

AND HUMAN SERVICES, * transverse myelitis ; neuromyelitis

Respondent. * optica (“NMO”)

. * * * * * * * * * * * * * * * * * * * * *

Anne Toale

, Maglio, Christopher & Toale

, PA, Sarasota, FL , for Petitioner;

Ryan Pyles

, U nited States Dep’t of Justice, Washington, DC

, for Respondent.

UNPUBLISHED DECISION 1

On May 7, 2015 , respondent filed a joint stipulation concerning the petition

for compensation filed by Ruben Castillo on January 29, 2014 . In h is petition, M r

. Castillo alleged that the influenza (“flu”) vaccine , which is contained in the

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on

January 10, 2013 , caused h im to develop transverse myelitis and/or neuromyeli tis

optica (“NMO”)

. Petitioner further alleges that he experienced the residual effects

of these injuries for more than six months. Petitioner represents that there has been

no prior award or settlement of a civil action for damages as a result of h is

c ondition.

Respondent denies that the vaccine is the cause of petitioner’s alleged

transverse myelitis, NMO, and/or any other injury.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 14 days to file a motion proposing redaction of medical inform ation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.2

Nevertheless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as

the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A. A lump sum payment of $1, 308

. 08

, which amount represent s

reimbursement of a State o f Florida Medicaid lien, in the form of a

check payable jointly to petitioner and

Agency for Health Care Administration

Xerox Recovery Services

P.O. Box 12188

Tallahassee, FL 32317

Petitioner agrees to endorse this payment to the State ; and

B. A lump sum payment of $ 254,000.00 in the form of a check payable

to petitioner, Ruben Castillo. This amount represents compensation

for all remaining damages that would be available under 42 U.S.C. §

300aa

- 15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in case 14

- 083V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Mary Holmes , at (2 02) 357

-

63 60

.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.Case 1:14-vv-00083-UNJ Document 39 Filed 05/07/15 Page 1 of 5Case 1:14-vv-00083-UNJ Document 39 Filed 05/07/15 Page 2 of 5Case 1:14-vv-00083-UNJ Document 39 Filed 05/07/15 Page 3 of 5Case 1:14-vv-00083-UNJ Document 39 Filed 05/07/15 Page 4 of 5Case 1:14-vv-00083-UNJ Document 39 Filed 05/07/15 Page 5 of 5