1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 8 91 V

Filed: N ovember 2 5 , 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

R AY H BAKER., JR

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

* B rachial Plexopathy ;

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

D iana L. Stadelnikas Sedar

, M aglio Christopher & Toale, PA

, S arasota, FL

, for petitioner

. R yan D. Pyles

, United States Department of Justice, Washington , DC, for respondent.

DECISION ON JOINT STIPULATION 1

On D ecember 1 9 , 20 12

, R ay H. Baker, Jr. (“ petitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006).

Petitioner alleged that , as a result of receiving an i nfluenza (“ f lu”) v accine on or about October

1 1 , 20 11

, he developed b rachial plexopathy

. Stipulation ¶ 2, 4, filed N ov

. 2 5 , 2014

. Fu rther,

petitioner alleged that he experienced residual effects of h is injury for more than six months. Id.

at ¶ 4.

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 citati ons in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

On N ovember 2 5, 2014 , the parties filed a stipulatio n in which they state that a decision

should b e entered awarding compensation. Respondent denies that the flu vaccination caused

petitioner’s b rachial plexopathy or any other injury or condition

. Id. at ¶ 6. 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 $ 5 0,000 .00

, in the form of a check payable to petitioner

, R ay H.

Baker, Jr . This amount represents compensation for all damages that would be

availabl e under 42 U.S .C. § 300aa

- 15(a)

.

Id. at ¶ 8.

The undersigned approves the requested amo unt for petitioner ’s compensation.

Accordingly, an award should be made consistent with the stipulation.

T he clerk of the 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 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.