In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 11-629V 

(Not to be published) 

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

 * 

LOUIS BENSON, * Filed: March 23, 2015 

 * 

 * Decision by Stipulation; Damages; 

 Petitioner, * Trivalent Influenza (“Flu”) Vaccine; 

 * Guillain-Barrè Syndrome (“GBS”) 

 v. * 

 * 

SECRETARY OF HEALTH AND * 

HUMAN SERVICES, * 

 * 

 Respondent. * 

 * 

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

Franklin Caldwell, Jr., Maglio Christopher and Toale, PA, Sarasota, FL, for Petitioner. 

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

DECISION AWARDING DAMAGES1

On September 29, 2011, Louis Benson filed a petition seeking compensation under the 

National Vaccine Injury Compensation Program.2

 Petitioner alleges that he developed GuillainBarrè syndrome (“GBS”) as a result of receiving the trivalent influenza (“flu”) vaccine on October 

12, 2010, and that his vaccine related injuries lasted more than six months. 

Respondent denies that the flu vaccine caused Petitioner to suffer GBS or any other injury 

or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a 

 

1

 Because this decision contains a reasoned explanation for my action in this case, it will be posted 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 42 U.S.C. § 

300aa-12(d)(4)(B), however, the parties may object to the inclusion of certain kinds of confidential information. To 

do so, Vaccine Rule 18(b) provides that each party has fourteen (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 decision will be available to the public. Id.

2

 The National Vaccine Injury Compensation Program comprises 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-10 to 34 (2006)) [hereinafter 

“Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act. 
2 

stipulation (filed March 23, 2015) that the issues before them could 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 

(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 $152,500.00 in the form of a check payable to Petitioner. 

 

Stipulation ¶ 8. This amount represents compensation for all damages that would be available 

under 42 U.S.C. ' 300aa-15(a). 

I approve a Vaccine Program award in the requested amounts 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.