# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 13

- 83 V

(Not to be published)

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

*

KEBEDE GEBREYES

, *

* Filed: August 26 , 2014

Petitioner, *

* Decision by Stipulation; Damages;

v. * Influenza (Flu) Vaccine; Guillain

- Barr é

* 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 DAMAGES 1

On January 31 , 201 3

, 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 inf luenza (“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 (co dified 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 h as 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 disclos ure 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 Chi ldhood 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 Petit ioner’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 p etitioner

, 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 directe d to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran

Brian H. Corcoran

Special Master

3 P ursuant 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