# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 6 -1142V (not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * ISMAEL BLANCO, * Special Master Corcoran *

* Petitioner, * Filed: March 12 , 2018 *

v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Chronic Inflammatory Demyelinating AND HUMAN SERVICES, * Polyneuropathy ( “ CIDP ” ); Influenza ( “ flu ” ) * Vaccine. Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Nancy Routh Meyers

, Ward Black Law, Greensboro, NC

, for Petitioner.

Claudia Barnes Gangi

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

DECISION AWARDING DAMAGES 1

On September 14, 2016

, Ismael Blanco filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”)

. 2 The petition alleges that Mr. Blanco suffered from Chronic Inflammatory Demyelinating Polyneuropathy ( “ CIDP ” ) as a result of h is October 9, 2013 Influenza (“flu”) vaccine.

Respondent denies that the flu vaccine caused Petitioner’s CIDP

. Nonetheless both parties, while maintaining their above

- stated positions, agreed in a stipulation (filed on March 12 , 2018 )

1 Although this Decision has been formally designated “not to be published,” it w ill nevertheless be posted on the Cou rt of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet . As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the D ecision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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 Ru le 18(b). Otherwise, the whole 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, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (20 12) (“Vaccine Act” or “the Act”)

.2

that the issues before them could be settled, and that a decision should be entered awarding Petitione r compensation.

I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) 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 $ 190,000.00, in the form of a check payable to Petitioner

, Mr

. Ismael Blanco

.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

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 clerk of the Court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

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