# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 15-1413V Filed: April 13, 2016 UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * JEFF CARDELLO, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Guillain- * Barré Syndrome (“GBS”); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Gordon Elliot Shemin, U.S. Department of Justice, Washingt on, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On November 23, 2015, Jeff Cardel lo (“petitioner”) filed a petition for compensation under the National Vaccine Inju ry Compensation Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffered GuillainBarré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on January 13, 2013. Petition at 1, 3; Stipulation, f iled 4/12/2016, ¶ 4. Petitioner further alleges that he experienced the re sidual effects of this injury for more than six months. Petition at 3; Stipulation¶ 4. “Respondent denies that the flu immunization caused petitioner’s GBS and/or any other injury or his current co ndition.” Stipulat ion, ¶ 6.

Nevertheless, on April 12, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compens ation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 no te (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 inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he 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). v.2 The parties stipulate that petitioner s hall receive the following compensation:

A lump sum of $140,401.20, in the form of a check payable to petitioner

. Stipulation, ¶ 8. This amount represents compensation for all items of 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 Append ix B, the clerk of the court is directed to enter judgm ent 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 c an be expedited by the parties’ joint filing of notice renouncing the right to seek review.