# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 10

- 750 V

Filed: February 23 , 2015

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

STEPHANIE VINO FIGUEROA

, as * UNPUBLISHED

P ersonal represen tative of the estate of *

MANNY FIGUEROA, deceased, * Special Master Hamilton

- Fieldman

*

Petitioner, *

* Joint Stipulation on Damages;

v. * Influenza ( “ Flu ” ) Vaccine; Guillain

-

* Barr é s yndrome (“GBS”) ; Miller

SECRETARY OF HEALTH * Fisher syndrome ( “ M FS ” ).

AND HUMAN SERVICES, *

*

Respondent. *

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

Michael B. Feiler

, Feiler & Leach, P.L.

, Coral Gables , FL

, for P etitioner

. Lisa A. Watts

, United States Department of Justice, Washington , D

. C

. , for R espondent.

DECISION 1

On November 1, 2010

, Stephanie Figueroa (“ P etitioner ”) filed a petition on behalf of her

deceased husband, Manny Figueroa, pursuant to the National Vaccine Injury Compensation

Program

. 2 42 U .S.C. §§ 300aa

- 1 to

- 34 (2006). Petitioner allege d that Manny Figueroa suffered

from the Miller Fisher variant of Guillain

- Barré syndrome (“GBS”) a s a result of the

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 o f privacy.” Va ccine 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 citations in this decision to

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

1administration of an influenza (“flu”) vaccine on October 21 , 2008

. 3

On February 23

, 2015

, the parties filed a stipulation in which they state that a decision

should be entered awarding compensation.

Respondent denies that the flu vaccine caused M r. Figueroa ’ s Miller Fisher syndrome

( “ MFS ” ), GBS, or any other injury, or was a substantial factor in the cause of his death

. 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 stipulate that P etitioner shall receive the following compensation:

A lum p sum of $ 175 ,000.00, in the form of a check payable to Petitioner as personal

representative of the estate of Manny Figueroa . This amount represents

compensation for all damages that would be available under 42 U.S.C. § 300aa

15(a).

Stipulation ¶ 9

.

The undersigned approves the requested amo unt for P etitioner ’s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC App endix B, the clerk of

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’

stipulation. 4

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

3 The medical records are unclear as to the precise date of vaccine administration. On November

7, 2014, the undersigned ruled that the flu vaccine had been administered between October 22,

2008 and November 1, 2008. See Ruling Regarding Finding of Fact, filed November 7, 2014, at

5.

4 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of

notice renouncing the right to seek review.

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