Charneco v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-458V Filed: August 7, 2018 Not for Publication *************************************** JOSEPH CHARNECO, * * Petitioner, * * Influenza (“flu”) vaccine; v. * Guillain-Barré syndrome (“GBS”) * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************************** Lawrence R. Cohan, Philadelphia, PA, for petitioner.

Linda S. Renzi, Washington, DC, for respondent.

MILLMAN, Special Master DECISION AWARDING DAMAGES 1 On March 30, 2017, petitioner filed a petition under the National Childhood Vaccine Injury Act, 42 U.S.C. § 300aa-10–34 (2012), alleging that influenza (“flu”) vaccine administered October 28, 2015 caused him Guillain-Barré syndrome (“GBS”). Petitioner further alleges that he experienced the residual effects of these injuries for more than six months.

On August 6, 2018, the parties filed the attached stipulation in which they agreed to settle this case and described the settlement terms. Respondent denies that flu vaccine caused Because this unpublished decision contains a reasoned explanation for the special master’s action in this case, the special master intends to post this unpublished decision on the United States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). Vaccine Rule 18(b) states that all decisions of the special masters will be made available to the public unless they contain trade secrets or commercial or financial information that is privileged and confidential, or medical or similar information whose disclosure would constitute a clearly unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and move to redact such information prior to the document’s disclosure. If the special master, upon review, agrees that the identified material fits within the banned categories listed above, the special master shall redact such material from public access. petitioner to have GBS or any other injury. Nonetheless, the parties agreed to resolve this case informally.

The undersigned finds the terms of the stipulation to be reasonable, hereby adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and on the terms set forth herein. Pursuant to the stipulation, the undersigned awards the following vaccine compensation payment: A lump sum payment of $85,000.00 in the form of a check made payable to petitioner, Joseph Charneco. This amount represents compensation for all elements of damage available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC Appendix B, the undersigned directs the Clerk of Court to enter judgment herewith. 2 IT IS SO ORDERED.

Dated: August 7, 2018 s/ Laura D. Millman___ Laura D. Millman Special Master

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