In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 15-1280V 

Filed: December 22, 2016

Unpublished

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

P.M., * 

 * 

 Petitioner, * Joint Stipulation on Damages; 

v. * Influenza (“Flu”) Vaccine; Guillain-Barré

 * Syndrome (“GBS”); Special Processing

SECRETARY OF HEALTH * Unit (“SPU”)

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.

Robert P. Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

Dorsey, Chief Special Master:

On October 28, 2015, P.M. (“petitioner”), filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the 

“Vaccine Act”). Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) as 

a result of receiving the influenza (“flu”) vaccine on September 19, 2013. Pet. at 1; 

Stip., filed Dec. 21, 2016, at ¶¶ 1, 2, 4. Petitioner further asserts that the vaccine was 

administered in the United States, that he experienced the residual effects of his injury 

for more than six months, and that there has been no prior award or settlement of a civil 

action for damages as a result of his condition. Pet. at ¶¶ 7, 21, 24; Stip. at ¶¶ 3-5. 

Respondent denies that the flu vaccine caused petitioner’s alleged GBS and/or any 

other injury. Stip. at ¶ 6.

 

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

Nevertheless, on December 21, 2016, the parties filed the attached joint 

stipulation, stating that a decision should be entered awarding compensation. 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 $476,447.79 in the form of a check payable to petitioner, 

P.M. This amount consists of $280,000.00 for past and future lost wages, 

$6,447.79 for out-of-pocket expenses, and $190,000.00 for pain and 

suffering. Stip. at ¶ 8. The total amount represents compensation for all 

damages that would be available under 42 U.S.C. § 300aa-15(a). Id. 

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

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

the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

 Chief Special Master

 

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.
P.M.