1

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-891V

Filed: November 25, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED

RAY H BAKER., JR, *

 * Special Master Gowen

Petitioner, *

 * Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

 * Brachial Plexopathy;

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

 *

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

Diana L. Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.

Ryan D. Pyles, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On December 19, 2012, Ray H. Baker, Jr. (“petitioner”) filed a petition pursuant to the 

National Vaccine Injury Compensation Program.

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42 U.S.C. §§ 300aa-1 to -34 (2006). 

Petitioner alleged that, as a result of receiving an influenza (“flu”) vaccine on or about October

11, 2011, he developed brachial plexopathy. Stipulation ¶ 2, 4, filed Nov. 25, 2014. Further, 

petitioner alleged that he experienced residual effects of his 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).

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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.
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On November 25, 2014, the parties filed a stipulation in which they state that a decision 

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

petitioner’s brachial 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 $50,000.00, in the form of a check payable to petitioner, Ray H. 

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

available under 42 U.S.C. § 300aa-15(a).

Id. at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. 

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

The 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.