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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 5

- 1317 V

Filed: A ugust 30 , 2016

* * * * * * * * * * * * * * * * UNPUBLISHED

M ICHAEL MICKAS

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation on Damages;

v. * I nfluenza Vaccine; Neuritis;

* M yositis ; Polyneuropathy.

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

A nne C. Toale

, M aglio Christopher & Toale, S arasota, FL

, for petitioner

. Julia W. McInerny

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

DECISION ON JOINT STIPULATION 1

On N ovember 4, 2015

, M ichael Mickas (“ petitioner ”) filed a petition pursuant to the

National Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (20 12 ). Petitioner

alleged that as a result of receiving an influenza ( “ flu ” ) vaccination on December 19, 2014, he

suffered injuries, including n euritis, myositis, and polyneuropathy

. Stipulation ¶ 2, 4, filed A ug

. 29 , 201 6

. Fu rther, petitioner alleged that he experienced residual eff ects of t hese injuries for more

than six months. Id. at ¶ 4.

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

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

Claims , in accordance with the E

- Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal

Management and Promotion of Electronic Government Services) . 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 (20 12 ) (Vaccine Act or the Act). All citatio ns in this decision to

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

On A ugust 29 , 2016

, the parties filed a stipulatio n in which they state that a decision should

b e entered awarding compensation. Respondent denies that the f lu vaccination caused petitioner’s

a lleged neuritis, myositis, and polyneuropathy, or any other injury

. Id. at ¶ 6. 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 st ipulate that petitioner shall receive the following compensation:

A lump sum of $ 2 00,000 .00

, in the form of a check payable to petitioner

, Michael

Mickas . This amount represents compensation for all damages that would be

availabl e under 42 U.S.C. § 300aa

- 15(a)

.

Id. at ¶ 8.

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

Accordingly, an award should be made consistent with the stipulation.

T he clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of

the parties’ stipulation. 3

IT IS SO ORDERED.

s/ Thomas L. Gowen

Thomas L. Gowen

Special Master

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.