Brett Byler, a Single Man v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12-544V

Filed: June 27, 2013

Not for Publication

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BRETT BYLER, a single man, * *

Petitioner, * Damages decision based on stipulation; v. * influenza vaccine; Bell’s palsy; urticaria; * angioedema

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

Respondent. * * *************************************

Jay A. Bansal, Tempe, AZ, for petitioner.

Darryl R. Wishard, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On June 27, 2013, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Petitioner alleges that he suffered from Bell’s palsy and urticaria/angioedema that were caused by his November 6, 2010 receipt of influenza vaccine. Petitioner further alleges that he suffered the residual effects of these injuries for more than six months. Respondent denies that petitioner’s Bell’s palsy and urticaria/angioedema, or any other injury, were caused by influenza vaccine. Nonetheless, the parties agreed to resolve this matter informally.

The court hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth therein. Pursuant to the stipulation, the Court awards petitioner a lump sum of $25,000.00, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). The award shall be in the form of a check for $25,000.00 made payable 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.2

IT IS SO ORDERED.

Dated: June 27, 2013 /s/ Laura D. Millman Laura D. Millman Special Master