# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15

- 8 1 V

Filed: December 15, 2015

UNPUBLISHED

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

PHYLLIS WEBB

, *

*

Petitioner, * Joint Stipulation on Damages ;

* Influenza (“Flu”) Vaccine;

* Guillain

- Barré Syndrome (“GBS”);

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Amber Wilson , Maglio, Christoph er and Toale

, Washington, DC

, for petitioner.

Michael Milmoe , U

. S

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

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On January 27, 2015

, Phyllis Webb (“ p etitioner ”) 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 s he suffered Guillain

- Barré S yndrome

(“GBS”) casually related to th e influenza vaccine she received on September 28, 2014

. Petit ion, ¶¶ 2, 1 3, 15 ; see also Stipulation , filed Dec. 15 , 2015

, ¶ ¶ 2, 4

. Petitioner

further alleges that s he received the vaccine in the United States, has suffered the

effects of his injury for more than six month

, and that neither s he nor anyone else has

brought an action or h as received compensation for her injuries. Pe tition

, ¶¶ 2, 14, 17 ;

see also Stipulation ¶¶ 3

- 5. “ Respondent denies that the flu vaccine is the cause of

petitioner’s GBS

, or any other injury , and further denies that petitioner ’ s cu rrent

disabilities are sequela e of a vaccine

- related injury. ” Stipulation

, ¶ 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended

at 44 U.S.C. § 3501 note (2006)) . 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

unwarra nted 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2

Nevertheless, o n December 15, 2015 , 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 stipulated t hat petitioner shall receive the following compensation:

A lump sum of $ 1 35,000.00 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 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.Case 1:15-vv-00081-UNJ Document 23 Filed 12/15/15 Page 1 of 5Case 1:15-vv-00081-UNJ Document 23 Filed 12/15/15 Page 2 of 5Case 1:15-vv-00081-UNJ Document 23 Filed 12/15/15 Page 3 of 5Case 1:15-vv-00081-UNJ Document 23 Filed 12/15/15 Page 4 of 5Case 1:15-vv-00081-UNJ Document 23 Filed 12/15/15 Page 5 of 5