# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 198V (not to be published)

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ARNOLD COMEAU, JR.

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

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* Filed: November 30

, 2020

Decision by Stipulation; Damages; Influenza (“Flu”) Vaccine; Guillain

- Barré syndrome (“GBS”)

.

Bradley Freedberg

, Bradley S. Freedberg, P.C.

, Denver

, C O

, for Petitioner.

Emilie Williams , U.S. Dep ar t ment of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1

On February 4 , 20 19

, Arnold Comeau Jr. (“ Petitioner ”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Pet., ECF No. 1. Petitioner alleges he suffered from a Table injury, Guillain

- Barré syndrome (“GBS”) within the Table timeframe as a result of the influenza (“flu”) vaccination he

received on February 2 , 201 6

. See Stipulation ¶ 2, 4, dated November 25, 2020 (ECF No. 28 ); see also Petition.

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet . 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 p arty has fourteen 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 in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.

No. 99

- 660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa

- 10

– 34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to se ctions of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa.Respondent denies “ that [P]etitioner sustained a GBS Table injury, and further denies that

the flu vaccine caused [P]etitioner’s alleged GBS or any other injury or condition .” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above

- stated positions, agreed in a stipulation filed November 25 , 2020 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 lump sum of $ 1 5 0,000 .00 in the form of a check payable to [P]etitioner

.

Stipulation ¶ 8. This award 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 amount set forth above to be made to

Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the C lerk

of the C ourt is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review.