# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14

- 967 V

Filed: August 23, 2016

UNPUBLISHED

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

KIA STARR

- KNIGHT

, *

*

Petitioner, * Joint Stipulation on Damages ;

v. * Influenza ;

* Guillain

- Barre Syndrome (“GBS”) ;

SECRETARY OF HEALTH * Special Processing Unit (“SPU”)

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Jeffrey A. Golvash, Brennan, Robins & Daley, P.C., Pittsburgh, PA

, f or petitioner.

Camille Collett , U

. S

. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

Dorsey

, Chief Special Master:

On October 9, 2014

, p etitioner filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. , 2 ( the

“Vaccine Act” )

. Petitioner alleges that she suffered Guillain

- Barre Syndrome (“GBS”)

caused

- in

- fact by her October 10, 2011 influenza vaccination . Petition at 1 ; Stipulation

, filed August 23, 2016

, at ¶ 4

. Petitioner further alleges she experienced the residual

effects of her condition 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 her condition . Petit ion at 4 ; Stipulation at ¶¶ 4

- 5

. “ Respondent denies that the influenza immunization is the cause

of petitioner’s alleged GBS or any other injury or condition. ” Stipulation at ¶ 6.

Nevertheless, o n August 23, 2016 , the parties filed the attached joint stipulation,

stating that a decision should be entered awarding com pensation. The undersigned

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the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 information, the disclosure of which would constitute an

unwarranted invasion of privacy. If, upon review, the 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 subpara graph of 42 U.S.C. §

300aa (2012 ).2 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:

• A lump sum of $ 15,000.00 in the form of a check payable to

petitioner ; and

• A lump sum of $7,500.00, which amount represents reimbursement

of a Medicaid lien, in the form of a check payable jointly to petitioner

and

Pennsylvania Department of Human Services

c/o Royce L. Messermsith

Bureau of Program Integrity

P.O. Box 9486

Harrisburg, PA 17105

- 9486

Stipulation at ¶ 8

.

Petitioner agrees to endorse this check to the State of Pennsylvania, Department

of Human Services. These amount s represents compensation for all items of damages

that would be available 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 Appendix B, the clerk of

the court is directed to enter judgment 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 can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.