In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 11-306V Filed: February 27, 2013 ************************************* BRIAN TITE, * NOT TO BE PUBLISHED * Petitioner, * Special Master Zane * v. * Stipulation; influenza (flu) vaccine; * Guillain-Barre Syndrome (“GBS”) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************************************* Isaiah Kalinowski, Maglio, Christopher, and Toale, Sarasota, FL, for Petitioner Claudia Gangi, United States Dep’t of Justice, Washington, DC, for Respondent UNPUBLISHED DECISION 1 On February 26, 2013, the parties in the above-captioned case filed a Stipulation memorializing their agreement as to the appropriate amount of compensation in this case. Petitioner alleged that he suffered from Guillain-Barre Syndrome (“GBS”) as a consequence of his receipt of the influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table, 42 C.F.R § 100.3(a), and which he received on or about September 10, 2010. Petitioner alleges that he experienced the residual effects of this injury for more than six months. Petitioner also represents that there have been no prior awards or settlement of a civil action for these 1 Because this decision contains a reasoned explanation for the Special Master’s action in this case, the Special Master intends to post it 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, 113 Stat. 2899, 2913 (Dec. 17, 2002). All decisions of the Special Master will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would clearly be an unwarranted invasion of privacy. When such a decision or designated substantive order is filed, a party has 14 days to identify and to move to redact such information before the document’s disclosure. If the Special Master, upon review, agrees that the identified material fits within the banned categories listed above, the Special Master shall redact such material from public access. 42 U.S.C. § 300aa-12 (d) (4); Vaccine Rule 18 (b). 1 damages. Petitioner seeks compensation related to his injuries pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to 34. Respondent denies that the flu vaccine caused Petitioner’s GBS or any other injury and denies that Petitioner’s current disabilities are sequelae of his alleged vaccine-related injury. Nonetheless, the parties have agreed informally to resolve this matter. Stipulation, Appendix A hereto. The undersigned hereby ADOPTS the parties’ said Stipulation, attached hereto as Appendix A, and awards compensation in the amount and on the terms set forth therein. Specifically, Petitioner is awarded: a. a lump sum of $220,000.00, in the form of a check payable to Petitioner; and b. a lump sum of $80,000.00, in the form of a check payable to petitioner and The Missouri HealthNet Division, Third Party Liability, P.O. Box 6500, Jefferson City, MO, 65102. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), except as set forth in paragraph 8.a. The Court thanks the parties for their cooperative efforts in resolving this matter. In the absence of a motion for review filed pursuant to RCFC, Appendix B, the Clerk is directed to enter judgment accordingly. 2 IT IS SO ORDERED. s/ Daria J. Zane Daria J. Zane Special Master 2 This document constitutes a final “decision” in this case pursuant to 42 U.S.C. § 300aa- 12(d)(3)(A). Unless a motion for review of this decision is filed within 30 days, the Clerk of the Court shall enter judgment in accordance with this decision. Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2