# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1532V UNPUBLISHED
WILLIAM C. CARTER, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: September 30, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Guillain
-Barre Syndrome (GBS)
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On October 3, 2018, William Carter filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa
- 10, et seq

. 2

### (the “Vaccine Act”)

. Petitioner alleges that he suffered from Guillain
-Barre syndrome (“GBS”) as a result of receiving a flu vaccine on October 6, 2015. Petition at 1 ; Stipulation, filed at September 28, 2021 , ¶¶ 1, 2, 4

. Petitioner further alleges that the vaccine was administered within the United States; that he experienced the residual effects of his injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition . Petition at4; Stipulation at ¶¶ 3-5

. Respondent denies that Petitioner sustained a GBS Table injury within the Table time frame, and denies that the flu vaccine caused Petitioner to suffer form GBS, or any other injury or his current condition.” Stipulation at ¶ 6.

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99
-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). CORRECTED2 

### Nevertheless, on September 28, 2021 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: (1) Petitioner a lump sum payment of $196,271.63 (representing $126,271.63 for first-year life care expenses and $70,000.00 for pain and suffering) in the form of a check payable to petitioner, William C. Carter; (2) A lump sum payment of $134,019.65, representing reimbursement of a lien for services rendered on behalf of Petitioner, in the form of a check payable jointly to Petitioner3 

### and the Division of Health Benefits, and mailed to: Office of the Controller 2022 Mail Service Center Raleigh, NC 27699
-2022

Case Number: 316387 Medicaid/Health Choice ID: 945851292L (3) An amount sufficient to purchase an annuity contract described in paragraph 10 of the Stipulation. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 4 

### IT IS SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

3 Petitioner agrees to endorse this payment to Division of Health Benefits

. 4 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

### IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

WILLIAM C. CARTER, ) ) ) ) ) ) ) ) ) ) 

### Petitioner, 

### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.


### STIPULATION No. 18-1532V Chief Special Master Corcoran ECF

The parties hereby stipulate to the following matters: 

### 1. William C. Carter, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

### §§ 300aa-10 to -34 (the ''Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 

### § 100.3 (a). 2. Petitioner received his flu vaccination on or around October 6, 2015. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he suffered from Guillain-Barre syndrome ("GBS") as a result ofreceiving the flu vaccine, and that he experienced the residual effects ofthis injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition.

### 6. Respondent denies that petitioner sustained a OBS Table injury within the Table time frame, and denies that the flu vaccine caused petitioner to suffer from OBS, or any other injury

or his current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 ofthis Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms ofthis Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments:

a. A lump sum of $196,271.63, which amount represents compensation for first-year life care expenses ($126,271.63) and pain and suffering ($70,000.00) in the form of a check payable to petitioner; b. A lump sum of$134,019.65, which amount represents reimbursement of a lien for services rendered on behalf of petitioner, in the form of a check payable jointly to petitioner and the Division of Health Benefits, and mailed to: Office ofthe Controller 2022 Mail Service Center Raleigh, NC 27699-2022

Case Number: 316387 Medicaid/Health Choice ID: 945851292L Petitioner agrees to endorse this check to the Division of Health Benefits.

c. An amount sufficient to purchase the annuity contract described in paragraph 10 below, paid to the life insurance company from which the annuity will 

### be purchased (the "Life Insurance Company"). These amounts represent compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. The Life Insurance Company must have a minimum of $250,000,000 capital and



### 2surplus, exclusive of any mandatory security valuation reserve. The 

### Life Insurance Company must have one of the following ratings from two ofthe following rating organiz.ations:

a. A.M. Best Company: A-1+, A+, A+g, A+p, A+r, or A+s; b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa;

c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-, AA, AA+, or AAA; d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating: AA-, AA, AA+, or AAA. I0. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company for the benefit ofpetitioner, William C. Carter, pursuant to which the Life Insurance Company will agree to make payments periodically to petitioner as follows for the following 

### life care items available under 42 U.S.C. §300aa-15(a).

a. For future unreimbursable Medicare Part B Deductible and Podiatrist expenses, beginning on the first anniversary ofthe date of judgment, an annual amount of $593.00 to be paid for the remainder ofpetitioner's 

### life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. b. For future unreimbursable Medigap, Medicare Part D, B-12, and Miralax expenses, beginning on the first anniversary ofthe date of judgment, an annual amount of $2,756.16 to be paid for the remainder ofpetitioner's life, increasing at the rate of three percent (3%), compounded annually from the date of judgment.

c. For future unreimbursable Skilled Nursing Facility expenses, beginning on the first anniversary ofthe date of judgment, an annual amount of $100,375.00 to be paid for the remainder ofpetitioner's life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. d. For future unreimbursable Manual Wheelchair, Cushion, Manual Wheelchair Maintenance, Lift Chair, Adaptive Aid, Mattress Overlay, Van Lift Maintenance, and Acetaminophen expenses, beginning on the first anniversary ofthe date of judgment, an annual amount of $661.62 to be paid for the remainder ofpetitioner's 

### life, increasing at the rate of three percent (3%), compounded annually from the date of judgment. At the sole discretion of the Secretary of Health and Human Services, the periodic payments set forth in paragraph 10 above may be provided to petitioner in monthly, quarterly, annual or other 

### 3instalhnents. The "annual amounts" set forth above describe only the total yearly sum to be paid to petitioner and do not require that the payment be made in one annual instalhnent. Petitioner will continue to receive the annuity payments from the Life Insurance Company only so long as he, William C. Carter, is alive atthe time that 

# a particular payment is due. Written notice shall 

### be provided to the Secretary of Health and Human Services and the Life Insurance Company within twenty (20) days of William C. Carter's death. 11. The annuity contract will be owned solely and exclusively by the Secretary of Health and Human Services and will be purchased as soon as practicable following the entry of a judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary of Health and Human Services and the United States of America are not responsible for the payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any ofthe future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and Human Services and the United States of America are released from any and all obligations with respect to future annuity payments. 12. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. 

### § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 13. Petitioner and his attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. 

### § 300aa-15(g), including State compensation programs, insurance policies,



### 4

### Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 

### 1396 et seq.)), or entities that provide health services on a pre-paid basis. 14. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C

. § 

### 300aa-15(0, subject to the availability of sufficient statutory funds. 15. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation either immediately or as part ofthe annuity contract, will be used solely for petitioner's benefit as contemplated by a strict construction of42 U
.S.C. § § 

### 300aa15(a) and (d), and subject to the conditions of42 U.S.C. §§ 

### 300aa-15(g) and (h). 16. In return for the payments described in paragraphs 8 and 12, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands ofwhatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 

### 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on October 6, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or about October 3, 2018, in the United States Court of Federal Claims as petition No. 18-1532V.

517. 

### Ifpetitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 18. 

### Ifthe special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or ifthe Court of Federal Claims fails to enterjudgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation, then the parties' settlement and this Stipulation shall 

### be voidable at the sole discretion of either party. 19. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except

as otherwise noted in paragraph 12 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise ofthe parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in this case consistent with the Privacy Act and the routine uses described in the National Vaccine Injury Compensation Program System of Records, No. 09-15-0056. 21. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged OBS or any other injury or his current condition. 22. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. 

### END OF STIPULATION

6Respectfully submitted, PETITIONER:

WILLIAMC. CARTER ' ATTORNEY OF RECORD FOR PETITIONER:

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. Turning Point Litigation 300 North Greene Street Suite 2000 Greensboro, NC 27401 Tel: (336) 645-3324

AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: 

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# tt~ TAMARA OVERBY Acting Director, Division of Injury

Compensation Programs Healthcare Systems Bureau Heahh Resources and Services

Administration U.S. Department ofHealth

and Human Services 5600 Fishers Lane, 08N146B Rockville, MD 20857

Dated: 

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7 AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: 

## ---4-lt,(&\'lJ/\~ ~~ ~ HEATHER L
. PEARLMAN Deputy Director Torts Branch Civil Division U
. S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

ATTORNEY OF RECORD FOR RESPONDENT:



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# L.P~~ MALLORI B. OPENCHOWSKI Trial Attorney Torts Branch, Civil Division U.S. Department ofJustice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-0660 mallori.b.openchowski@usdo

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