# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: September 30, 2020

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

ANTONIO KATZ

, * No. 1 7

- 1621 V

*

Petitioner, * Special Master Sanders

v. *

*

SECRETARY OF HEALTH * Stipulation for Award; Influenza (“ F lu”)

AND HUMAN SERVICES, * Vaccine; Chronic Inflammatory

* Demyelinating Polyneuropathy ( “ C IDP ” );

* Guillain

- Barr é Syndrome (“GBS”)

Respondent. *

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

Phyllis Widman

, J acobs & Barbone

, Atlantic City

, NJ

, for Petitioner.

Christine Becer , United States Department of Justice, Washington, DC, for Respondent.

DECISION 1

On October 27, 20 17

, Antonio Katz (“Petitioner”) filed a petition for compensation

pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa

- 10 to

- 34

(2012) ; Pet. at 1, ECF No. 1

. Petitioner alleged that the influenza (“flu”) vaccine he received on

November 6, 2015

, caused h im to develop Guillain

- Barr é Syndrome (“GBS”) and chronic

inflammatory demyelinating polyneuropathy ( “ CIDP ” )

. See Stip. at 1, ECF No. 50 ; Pet. at 1

. Petitioner further alleged that he experienced the residual effects of h is injur ies for more than six

months. St ip. at 1.

On Septem ber 16 , 2020 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu

vaccine caused Petitioner’s alleged GBS

, CIDP, or any other in jury. Id. Respondent further denie s

that Petitioner su ffered a GBS T able injury. Id. Nevertheless, the parties agree to the joint

stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the

decision of the Court in awarding damages, on the terms set forth therein.

1 This D ecision shall be posted 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 (2012)). This means the De cision will be available to anyone with access to

the Internet. 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).

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

- 660, 100 Stat. 3755.2 The parties stipula te that Petitioner shall receive the following compensation:

A lump sum of $ 2 93

, 402.26 which amount represents compensation fo r

first year life care expenses ($4 3,402.26 ) and combined lost earnings

and pain and suffering ($ 250 ,000.00) [,] in the form of a check payable

to [P]etitioner ; and... [a]n amount sufficient to purchase the annuity

contract described in paragraph 10 [of the stipulation], paid to the life

insurance company from which the annuity will be purchased... .This

amount represent s compensation for all damages that would be

available under 42 U.S.C. § 300aa

- 15(a).

Id

. at 2.

I approve the requested amount for Petitioner’s compensation. Accordingly, an award

should be made consistent with the stipulation.

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

C ourt SHALL ENTER JUDGMENT in accordance wit h the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Herbrina D. Sanders

Herbrina D. Sanders

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.