# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 16

- 212V

Filed: June 3, 2020

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

MICHAEL A. HALCROW, * UNPUBLISHED

*

Petitioner, * Decision on Joint Stipulation;

* Multiple Sclerosis (“MS”);

v. * Significant Aggravation;

* Influenza (“Flu”) Vaccine.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Kelly Burdette, Esq.

, Burdette Law, PLLC, North Bend, WA

, for petitioner.

Alexis Babcock, Esq

. , US Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Roth

, Special Master:

On February 11, 2016

, Michael Halcrow [ “ Mr. Halcrow” or “petitioner”] filed a petition

for compensation under the National Vaccine Injury Compensation Program

. 2 Petitioner allege s

that he suffered an exacerbation of his pre

- existing multiple sclerosis (“MS”) after receiving an influenza (“flu”) vaccination on October 15, 2014

. Stipulation, filed June 3, 2020, at ¶¶ 1

- 4.

Respondent denies that petitioner sustained a significant aggravation o f his MS, and denies that

the flu vaccine is the cause of petitioner’s alleged MS exacerbation, or any other injury or

condition

. Stipulation at ¶ 6.

Nevertheless, the parties h ave agreed to settle the case. On June 3, 2020 , the parties filed a

joint st ipulation agreeing to settle this case and describing the settlement terms.

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the

Court of Federal Claims’s website, in accordance with the E

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

- 347, 116 Stat. 2899, 2913 (codified as amended at 4 4 U.S.C. § 3501 note (2006)). This means the Decision

will be available to anyone with access to the internet. However, the parties may object to the Decision’s

inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party

has fourteen 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). Otherwise, the whole Decision will be available to the public. Id

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 St a t. 3755. Hereinafter, for ease

of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa

(2012 ).

### 2

Respondent agrees to issue the fol lowing payment :

A lump sum of $10,000.00 in the form of a check payable to petitioner, Michael

Halcrow

. This amount represents compensation for all damages that would b e

av ailable under § 300aa

- 15(a).

I adopt the parties’ stipula tion attached hereto, and award compensation in the amount and

on the terms set forth therein. The clerk of the court is directed to enter judgment in a ccordance

with this decision. 3

IT IS SO ORDERED.

s/ Mindy Michaels Roth

Mindy Michaels Roth

Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice

renouncing the right to seek review.