In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1317V
Filed: August 30, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
MICHAEL MICKAS, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza Vaccine; Neuritis;
* Myositis; Polyneuropathy.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Anne C. Toale, Maglio Christopher & Toale, Sarasota, FL, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On November 4, 2015, Michael Mickas (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that as a result of receiving an influenza (“flu”) vaccination on December 19, 2014, he
suffered injuries, including neuritis, myositis, and polyneuropathy. Stipulation ¶ 2, 4, filed Aug.
29, 2016. Further, petitioner alleged that he experienced residual effects of these injuries for more
than six months. Id. at ¶ 4.
1
Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2
The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1
On August 29, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccination caused petitioner’s
alleged neuritis, myositis, and polyneuropathy, or any other injury. Id. at ¶ 6. Nevertheless, the
parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the
stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms
set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $200,000.00, in the form of a check payable to petitioner, Michael
Mickas. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3
Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2