# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 1574V (not to be published)

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JOE GRANADO, J R

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Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

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* Filed: April 5, 2022

Decision by Stipulation; Damages; Influenza (“Flu”) Vaccine; Tdap Vaccine;

Guillain

- Barré syndrome (“GBS”); Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”).

Danielle Strait

, Maglio Christopher & Toale

, Seattl e, WA

, for Petitioner

Mitchell Jones , U.S. Dep ar t ment of Justice, Washington, DC, for Respondent

DECISION ON JOINT STIPULATION 1

On October 9 , 20 19

, Joe Granado, Jr. (“ Petitioner ”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Pet., ECF No. 1. Petitioner alleges he suffered from a Table injury of Guillain

- Barré syndrome as a result of

the influenza (“flu”) vaccination he received on February 13 , 201 7

. See Stipulation ¶ 2, 4, dated April 5 , 202 2 (ECF No. 42 ); see also Petition. Petitioner also alleged he suffered from GBS or chronic inflammatory demyelinating polyneuropathy (“CIDP”) that was caused

- in

- fact by the flu or Tdap vaccines, or that the vaccinatio ns significantly aggravated his injuries. See Stipulation ¶

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be avai lable to anyone with access to the internet . As provided by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has four teen 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 disclosu re of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pu b. L.

No. 99

- 660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa

- 10

– 34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa.4; see also Petition. He further alleged that he has experienced residual effects of this condition

for more than six months. Id.

Respondent denies “ that the flu or Tdap vaccine caused or signifi cantly aggravated

pet i tioner’s alleged neurologic injuries including GBS, CIDP, or any other injury, and further

denies that petitioner’s current disabilities are sequelae of a vaccine

- related injury .” See Stipulation ¶ 6. Nonetheless, both parties, while maintainin g their above

- stated positions, agreed in a stipulation filed April 5 , 202 2 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth

therein.

The stipulation awards:

a lump sum of $ 230 ,000 .00 in the form of a check payable to p etitioner

.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk of

the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.