In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13-83V

(Not to be published)

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

*

KEBEDE GEBREYES, *

* Filed: August 26, 2014

Petitioner, *

* Decision by Stipulation; Damages;

v. * Influenza (Flu) Vaccine; Guillain-Barré

* Syndrome (GBS).

SECRETARY OF HEALTH *

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner.

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

DECISION AWARDING DAMAGES1

On January 31, 2013, Kebede Gebreyes filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner alleges 

that he suffered Guillain-Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”) 

vaccination.

1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the United 

States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 

205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 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). Otherwise, the whole decision will be available to 

the public. (Id.)

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.A. ' 300aa-10-' 300aa-34 

(West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. 

' 300aa.

 
Respondent denies that Petitioner’s GBS or any other injuries were caused by the receipt 

of the flu vaccine. Nonetheless both parties, while maintaining their above-stated positions, 

agreed in a stipulation, filed August 26, 2014, 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) A lump sum of $295,000.00, in the form of a check payable to petitioner, 

Kebede Gebreyes. This amount represents compensation for all damages that 

would be available under 42 U.S.C. §300aa-15(a).

Stipulation ¶ 8.

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

to Petitioners. 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 jointly (or separately) filing 

notice(s) renouncing their right to seek review.

2