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In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 08-777V

Filed: September 16, 2015

* * * * * * * * * * * * * * * * UNPUBLISHED

EMILY HARBORTH, as independent *

executrix of the Estate of DENNIS *

HARBORTH, *

 * Special Master Gowen

Petitioner, *

 * Joint Stipulation on Damages;

v. * Influenza (“Flu”) Vaccine;

 * Joint pain; Myalgias; Fatigue.

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

 *

Respondent. *

 *

* * * * * * * * * * * * * * * *

Scott R. Doody, Law Offices of Scott R. Doody, Fort Worth, TX, for petitioner.

Althea W. Davis, United States Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1

On October 30, 2008, decedent Dennis Harborth (“Mr. Harborth”) filed a petition pursuant 

to the National Vaccine Injury Compensation Program,

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42 U.S.C. §§ 300aa-1 to -34 (2006),

alleging that as a result of receiving an influenza (“flu”) vaccine on November 1, 2005 he sustained 

the first symptom or manifestation of joint pain, myalgias, arthralgias, fatigue, and impaired 

endurance on or about November 12, 2005. Stipulation ¶ 2, 4. Further, Mr. Harborth alleged that 

 

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, Pub. L. No. 107-347, § 205, 116 Stat. 

2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). 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 (2006) (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.
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he experienced residual effects of his injury for more than six months. Id. Upon the passing of Mr.

Harborth on March 12, 2013, the court granted petitioner’s counsel’s motion to substitute Emily 

Harborth as petitioner herein on April 3, 2013. 

On September 16, 2015, the parties filed a stipulation in which they state that a decision 

should be entered awarding compensation. Respondent denies that the flu vaccination caused Mr. 

Harborth’s alleged injuries or his death. Id. at ¶ 7. 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 $11,000.00, in the form of a check payable to petitioner, Emily 

Harborth, as the legal representative of the Estate of Dennis Harborth. 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.