Brian Tite v. Secretary of Health and Human Services

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************************************* BRIAN TITE, * NOT TO BE PUBLISHED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UNPUBLISHED DECISION 1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 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