# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

RODRIGO BRENES

, * No. 13

- 7 03 V

*

Petitioner, * Special Master Moran

*

v. * Filed: February 2 6 , 2015

*

SECRETARY OF HEALTH * Stipulation; flu vaccine; Guillain

AND HUMAN SERVICES, * Barré s yndrome (“GBS”) ;

* chronic inflammatory demyelinating

Respondent. * polyneuropathy (“CIDP”).

*

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

Isaiah Kalinowski

, Maglio, Christopher and Toale, Washington, DC, for Petitioner;

Debra Begley

, U nited States Dep’t of Justice, Washington, DC

, for R espondent.

UNPUBLISHED DECISION 1

On February 23, 2015 , respondent filed a joint stipulation concerning the

pet ition for compensation filed by Rodrigo Brenes on September 19, 2013 . In his

petition, Mr. B r enes alleged that the flu vaccine , which is contained in the Vaccine

Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October

20 , 2010

, caused him to suffer Guillain

- Barré Syndrome (“GBS”) and/or chronic

inflammatory demyelinating polyneuropathy (“CIDP”)

. Petitioner further alleges

that he experienced the residual effects of th is injury for more than six months.

Petitioner represents tha t there has been no prior award or settlement of a civil

action for damages on his behalf as a result of his condition

.

1 T he E

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

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the party has 14 days to file a motion proposing redaction of medical inform ation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.2

Respondent denies that petitioner’s alleged GBS and/or CIDP, or any other

condition, was caused

- in

- fact by his flu vaccination.

Never theless, the parties agree to the joint stipulation, attached hereto as

“Appendix A.” The undersigned finds said stipulation reasonable and adopts it as

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

Damages awarded in that stipulation include:

A lump sum of $ 85 ,000.00 in the form of a check payable to petitioner

, Rodrigo Brenes

. This amount represents compensation for all damages

that would be available under 42 U.S.C. § 300aa

- 15(a).

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

the clerk is directed to enter judgment in case 13

- 703 V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk, Mary Holmes , at (2 02) 357

-

63 60

.

IT IS SO ORDERED.

s/ Christian J. Moran

Christian J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

party filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.Case 1:13-vv-00703-UNJ Document 35 Filed 02/23/15 Page 1 of 5Case 1:13-vv-00703-UNJ Document 35 Filed 02/23/15 Page 2 of 5Case 1:13-vv-00703-UNJ Document 35 Filed 02/23/15 Page 3 of 5Case 1:13-vv-00703-UNJ Document 35 Filed 02/23/15 Page 4 of 5Case 1:13-vv-00703-UNJ Document 35 Filed 02/23/15 Page 5 of 5