# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 407 V

Filed: February 5, 2019

UNPUBLISHED

RONALD WAGNER

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint

Stipulation on Damages; Influenza

(Flu) Vaccine; Guillain

- Barre

Syndrome (GBS)

Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for

petitioner.

Ryan Daniel Pyles , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1



### Dorsey

, Chief Special Master:

On March 22, 2017

, 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 he suffered Guillain

- Barre Syndrome ( “ GBS ” ) as

a result of an influen za ( “ flu ” ) vaccine he received on November 23, 2015, and that he

experienced residual effects of this injury for more than six months . Petition at 1, 4 ; Stipulation , filed January 23, 2019

, at ¶ ¶ 1

- 2, 4

. “ Respondent denies that the flu

immunization is the cause of petitioner's alleged GBS and/or any other injury. ”

Stipulation at ¶ 6.

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website.

This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the

action in this case, undersigned is required 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 )

.

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



### Nevertheless, o n January 23, 2019 , the parties filed the attached joint stipulation,

stating that a decision should be entered awarding compensation. The undersigned

finds the stipulation reasonable and adopts it as the decision of the Court in awarding

damages, on the terms set forth therein.

Pursuant to the term s stated in the attached Stipulation

, the undersigned

award s the following compensation:

A lump sum of $ 70,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of

damages that wo uld be available under § 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.