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 In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 13-852V

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* * * * * * * * * * * * * * * * UNPUBLISHED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 Petitioner.

Julia W. McInerny, United States Department of Justice, Washington, D.C., for Respondent.

DECISION1

On October 29, 2013, Adam Luna (“Petitioner”) filed a petition on behalf of his minor 

child, E.L., for compensation pursuant to the National Vaccine Injury Compensation Program.

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42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner alleged that as a result of an influenza (“flu”) 

vaccine administered 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 current 

 

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, codified as amended 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 of 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.
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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 Petitioner 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 estate 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 represents 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 amounts 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 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.
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IT IS SO ORDERED.

s/ Lisa Hamilton-Fieldman

 Lisa Hamilton-Fieldman

Special Master