Robert Battistone v. HHS - Varicella, post-vaccination encephalitis (2017)

Robert Battistone filed a petition on December 18, 2009, alleging that a varicella vaccine administered to him on December 18, 2006 caused him to suffer post-vaccination encephalitis and numerous other medical issues. The case header in the decision contains a typographical error listing the vaccine as "Influenza ('flu') Vaccine," but the decision body and respondent's denial consistently identify the vaccine as varicella.

The parties filed a joint stipulation on January 17, 2017. Respondent denied that the varicella vaccination caused or significantly aggravated Mr.

Battistone's alleged injuries. Nevertheless, the parties agreed to resolve the case through stipulation.

Chief Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The compensation awarded reflected a structured settlement.

Mr. Battistone received a lump sum of $519,980.79, representing first year life care expenses of $44,940.18 and combined lost earnings, pain and suffering, and past expenses of $475,040.61, paid by check to petitioner.

He also received $8,174.50 for a North Cypress Medical Center invoice, paid jointly to petitioner and the medical center. In addition, the parties agreed to fund an annuity contract as described in paragraph 10 of the stipulation, providing for ongoing life care compensation.