Martin Mantz v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 09-550V

Filed: March 15, 2013

Not for publication

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MARTIN MANTZ, * *

Petitioner, * * Damages decision based on stipulation; v. * influenza vaccine; Guillain-Barré * syndrome

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * *

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

F. John Caldwell, Jr., Sarasota, FL, for petitioner.

Jennifer L. Reynaud, Washington, DC, for respondent.

MILLMAN, Special Master

DECISION AWARDING DAMAGES1

On March 15, 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 Guillain-Barré syndrome (GBS) that was caused by his November 10, 2006 receipt of the influenza vaccine. Petitioner further alleges that he experienced the residual effects of his injuries for more than six months. Respondent denies that petitioner’s GBS, or any other injury, was caused in fact by the 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 $160,000.00, 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 $160,000.00 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: March 15, 2013 /s/ Laura D. Millman Laura D. Millman Special Master