In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

RITA STAUFFER, * 

 * No. 13-93V

 Petitioner, * Special Master Christian J. Moran

 * 

v. * Filed: December 18, 2014 

 * 

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; 

AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).

 * 

 Respondent. * 

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

Danielle A. Strait, Maglio, Christopher & Toale,Washington, DC, for Petitioner;

Michael P. Milmoe, U.S. Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1

On December 17, 2014, the parties filed a joint stipulation concerning the 

petition for compensation filed by Rita Stauffer on February 1, 2013. In her 

petition, petitioner alleged that the influenza vaccine, which is contained in the 

Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received 

on September 6, 2011, caused her to suffer Guillain-Barré Syndrome (“GBS”). 

Petitioner further alleges that she suffered the residual effects of this injury for 

more than six months. Petitioner represents that there has been no prior award or 

settlement of a civil action for damages on her behalf as a result of her condition.

Respondent denies that the influenza vaccine caused petitioner to suffer 

GBS or any other injury. 

1

 The 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 parties have 14 days to file a motion proposing redaction of medical information 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. 

 
Nevertheless, 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. a lump sum payment of 10,596.52, which amount represents the 

reimbursement of a Commonwealth of Pennsylvania Medicaid lien, in 

the form of check payable jointly to petitioner, and 

Pennsylvania Department of Public Welfare

Bureau of Program Integrity 

Division of Third Party Liability

Recovery Section

P.O. Box 8486

Harrisburg, PA 17105-8486 

Attn: Susan E. Naylor

Petitioner agrees to endorse this check to the appropriate State 

agency. 

B. a lump sum payment of $110,000.00 in the form of a check payable to

Rita Stauffer. 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 13-93V according to this decision 

and the attached stipulation.2

 

Any questions may be directed to my law clerk, Christina Gervasi, at (202) 

357-6521. 

 

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.

2 

 
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