Jose Montoya v. Secretary of Health and Human Services

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

No. 10-499V Filed: February 8, 2013

**************************** JOSE MONTOYA, *

* Petitioner, *

v. * Stipulation; Influenza;

* Guillain-Barré Syndrome *

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

**************************** Isaiah R. Kalinowski, Esq., Maglio Christopher & Toale, Sarasota, FL, for petitioner. Lynn E. Ricciardella, Esq., U.S. Dept. of Justice, Washington, D.C., for respondent.

DECISION ON JOINT STIPULATION1

Vowell, Special Master:

Jose Montoya [“petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program2 on August 2, 2010. Petitioner alleges that he developed Guillain-Barré syndrome [“GBS”] as a result of an influenza [“flu”] vaccination he received on or about October 10, 2007. See Stipulation, filed Feb. 7, 2013, at ¶¶ 2, 4. Respondent denies that petitioner suffered GBS or any other injury caused by his receipt of the flu vaccine, and denies that his disabilities are sequelae of his alleged injury. Id. at ¶ 6.

Nevertheless, the parties have agreed to settle the case. On February 7, 2013, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to pay petitioner:

A lump sum of $35,000.00 in the form of a check payable to petitioner, Jose Montoya. This amount represents compensation for all damages that would be available under § 15(a).

The special master adopts the parties’ stipulation attached hereto, and awards compensation in the amount and on the terms set forth therein. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.2 IT IS SO ORDERED. s/ Denise K. Vowell Denise K. Vowell Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.