# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 15-1428V Filed: December 7, 2016

UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * JAMES T. PATTERSON, JR., *

* Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccination; * Guillain-Barre Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, *

* Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy Routh Meyers, Ward Black Law , Greensboro, NC, for petitioner. Amy Paula Kokot, U.S. Department of Just ice, Washington, DC, for respondent.

DECISION ON J OINT STIPULATION 1

Dorsey , Chief Special Master:

On November 25, 2015, petitioner fil ed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.

, 2 (the “Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of his influenza vacci nation on December 2, 2014. Pe tition at 1; Stipulation, filed December 5, 2016, at ¶¶ 2, 4. Peti tioner further alleges that the vaccine was administered in the United States, that he exper ienced 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 injury. Stipulation at ¶¶ 3-5; Petition at ¶¶ 3, 10, 12-13. “Respondent denies that the flu vacci ne administered on or about December 2, 2014, is the cause of petiti oner’s alleged GBS and/or any ot her injury or his current condition.” Stipulat ion 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website,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 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).2 Nevertheless, on December 5, 2016, t he parties filed the attached joint stipulation, stating that a decision should be entered aw arding compensation. The undersigned finds the stipulat ion reasonable and adopt s it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that petitioner s hall receive the following compensation:

A lump sum of $165,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. Th is amount represents compens ation for all items of damages that would be availabl e 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.