1



# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 1 4

- 779 V

Filed: A ugust 19 , 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

J ASWINDER SINGH

, *

* Special Master Gowen

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

* C h ronic Inflammatory

SECRETARY OF HEALTH * Demyelinating Polyneuropathy

AND HUMAN SERVICES, * ( “ CIDP ” ).

*

Respondent. *

*

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

A mber D. Wilson

, M aglio Christopher & Toale

, PA

, W ashington, D.C.

, for petitioner

. T raci R. Patton

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

DECISION ON JOINT STIPULATION 1

On A ugust 26, 2014

, J aswinder Singh (“ petitioner ”) filed a petition pursuant to the National

Vaccine Injury Compensation Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner alleged

that as a result of receiving an i nfluenza (“ f lu”) v accine on N ovember 9, 2013

, he suffered i njuries,

including Chronic Inflammatory Demyelinating Poly ne uropathy ( “ CIDP ” )

. P etition at ¶ 2 , 12

. Fu rther, petitioner alleged that he experienced residual effects of h is injur ies for more than six

months. Id. at ¶ 12

.

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, Pub. L. No. 107

- 347, § 205, 116 Stat.

2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (Vaccine Act or the Act). All citati ons in this decision to

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

On A ugust 17

, 2015, the parties filed a stipulatio n in which they state that a decision should

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

C IDP or any other injury

. Stipulation 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 stipula te that petitioner shall receive the following compensation:

1) A lump sum of $ 2 70 ,000 .00

, in the form of a check payable to petitioner

, J aswinder

Singh ; and

2) A lump sum of $82,706.12, in the form of a check payable jointly to petitioner and

D epartment of Health Care Services

Recovery Branch

– MS 4720

P.O. Box 997421

Sacramento, CA 95899

- 7421

DHCS Account No.: C98728920C

- VAC03

DHCS Case N ame: Jaswinder Singh

Petitioner agrees to endorse the check to the CA Departmen t of H ealth Care

Services.

These amount s represents compensation for all damages that would be availabl e under 42 U.S.C.

§ 300aa

- 15(a)

.

The undersigned approves the requested amo unt s 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.