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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 852 V

Filed: October 18, 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

ADAM LUNA, parent of E.L., a minor *

* Special Master Hamilton

- Fieldman

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza Vaccine ; Transverse

* Myelitis.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

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

Ronald C. Homer

, Conway, Homer & Chin

- Caplan, P.C.

, Boston, MA

, for P etitioner

. Julia W. McInerny

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On October 29, 2013

, Adam Luna (“ P etitioner ”) filed a petition on behalf of his minor

child

, E.L.

, for compensation pursuant to the National Vaccine Injury Compensation Program

. 2

42 U .S.C. §§ 300aa

- 1 to

- 34 (2012 ). Petitioner alleged that a s a result of a n influenza (“flu”)

vaccine ad ministered on December 1, 2010, E.L. suffered neurological injuries and/or transverse

myelitis (“TM”)

. See Stipulation for Award at ¶ 2, 4, filed Oct

. 17 , 2016.

On October 17

, 2016 , the parties filed a stipulation in which they state that a decision

should be entered awarding compensation to Petitioner

. Respondent denies that the flu vaccine

caused E.L. to suffer neurological injuries and/or TM, or any other injury , or his curr ent

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,

the undersigned intends to post this decision on the website of the United States Court of Federal

Claims , in accordance with the E

- Government Act of 2002, co dified as amende d at 44 U.S.C. §

3501 note (2012 ). 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 o f privacy.” Vaccine Rule 18(b).

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National

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

- 660, 100 Stat. 3755, codified as amended,

42 U.S.C. §§ 300aa

- 1 to

- 34 (2006) (Vaccine Act or the Act). All citations in this decision to

individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.2

condition . Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.

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 stipulate that P etitioner shall receive the following compensation:

1) A lump sum of $ 703,893.87

, which amount represents compensation for first

year life care expenses ($211,960.20), partial lost future earnings

($314,433.67), and pain and suffering ($177,500.00), in the form of a check

payable to Petitioner as guardian(s)/conservator(s) of the estat e of E.L. for

the benefit of E.L. No payments shall be made until Petitioner provides

Respondent with documentation establishing that he has been appointed as

the guardian(s)/conservator(s) of E.L.’s estate;

2) A lump sum of $22,970.88, which amount represen ts compensation for past

unreimburseable expenses, in the form of a check payable to Petitioner,

Adam Luna;

3) A lump sum of $15,189.22, which amount represents reimbursement of a lien

for vaccine

- related services rendered on behalf of E.L., in the form of a check

payable jointly to Petitioner and

Alabama Medicaid Agency

c/o HMS

Attn: AL Medicaid Subrogation Unit

2000 Interstate Park Dr., Suite 401

Montgomery, AL 36109

Medicaid I.D. #: 500002251491

4) An amount sufficient to purchase the annuity contract described in

paragraph 10 of the parties’ stipulation, to be paid to a life insurance

company meeting the criteria described in paragraph 9 of the parties’

stipulation, from which the annuity will be purchased.

Id. at ¶ 8

. These amount represents compensation for all damages that would be available

under 42 U.S.C. § 300aa

- 15(a). Id.

The undersigned approves the requested amo unt s for P etitioner ’ s compensation.

Accordingly, an award should be made consistent with the stipulati on.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 3

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.3

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master