Grace v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

********************* TORREN GRACE, * No. 14-540V * Petitioner, * Special Master Moran * v. * Filed: May 15, 2015 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”). * Respondent. * ********************* Diana Stadelnikas Sedar, Maglio, Christopher and Toale, P.A., Sarasota, FL, for Petitioner; Jennifer Reynaud, United States Dep’t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION1 On May 14, 2015, respondent filed a joint stipulation concerning the petition for compensation filed by Torren Grace on June 24, 2014. In his petition, Mr. Grace alleged that the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which he received on October 17, 2012, alleges that he sustained a vaccine-related injury diagnosed as Guillain- Barré Syndrome (“GBS”) that was caused-in-fact by the flu vaccine. Petitioner further alleges that he experienced the residual effects of his injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition.

The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17, 2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the party has 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website.

Respondent denies that petitioner’s alleged GBS and residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or his current condition.

Nevertheless, the parties agree to the joint stipulation, attached hereto as “Appendix A.” The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include: A lump sum of $85,000.00 in the form of a check payable to petitioner, Torren Grace. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 14-540V according to this decision and the attached stipulation.2 Any questions may be directed to my law clerk, Mary Holmes, at (202) 357- 6360.

IT IS SO ORDERED.

s/ Christian J. Moran Christian J. Moran Special Master

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.

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