# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0719V UNPUBLISHED MARCI TALLEY BANKS, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: August 19, 2021 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS)

Nancy Routh Meyers, Turning Point Liti gation, Greensboro, NC, for Petitioner. Colleen Clemons Hartley, U.S. Department of Just ice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On May 31, 2017, Marci Talley Banks 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 she suffered injuries, including Guillain-Barré syndrome as a result of an influenza (“flu”) vaccine administered to her on October 18, 2016. Petition at 1; Stipulation,filed at August 17, 2021, ¶¶ 2, 4. Petitioner further alleges that she experienced the residualeffects of the alleged injury for more than six months. Petition at 3; Stipulation at ¶ 4. Respondent denies that petitioner sustained the onset of a GBS Table injury within the time period set forth in the Table; and denies that the vaccine caused petitioner’s alleged injuries or any other injury or petitioner’s current disabilities.” Stipulation at ¶ 6.

1Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 EGovernment 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.

2National Childhood Vaccine Injury Act of 1986, Pub.L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 

### Nevertheless, on August 17, 2021, the partiesfiled 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 inthe attached Stipulation, I awardthe following compensation: A lump sum of $371,400.00, in the formof a check payable to Petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id

. 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.3 

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

3Pursuant 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

MARCI TALLEY BANKS, Petitioner,



### v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) ) ) ) ) ) No. 17-719V Chief Special Master Corcoran

STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Marci Talley Banks, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-lO to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt ofthe Influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. 

### § 100.3 (a). 2. Petitioner received the vaccine on or about October 18, 2016. 3. The vaccine was administered within the United States. 4. The petition alleges that petitioner sustained the first symptom or manifestation of the onset of Guillain-Barre syndrome ("GBS"), as defined in the Table, within the time period setforth in the Table, and further alleges that petitioner developed gross motor weakness as sequela of the alleged Table injury and experienced residual effects ofthe alleged injury for

more than six months. In the alternative, petitioner alleges that the vaccine actually caused petitioner's alleged injuries. -1-5. Petitioner represents that there has been no prior award or settlement of

_ a civil action for damages arising out ofthe alleged vaccine injury. 6. Respondent denies that petitioner sustained the onset of a OBS Table injury within the time period set forth in the Table; and denies that the vaccine caused petitioner's alleged injuries or any other injury or petitioner's current disabilities. 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-21(a)(l), the Secretary ofHealth and Human Services will issue the following vaccine compensation payment: A lump sum of $371,400.00 in the form ofa check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. 

### § 300aa-15(a).

9. As soon as practicable after the entry of judgment 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 any proceeding upon this petition. 10. Petitioner and petitioner's attorney representthat compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. 

### § 300aa-15(g), to the extent that payment has been made or

can reasonably be expected to be made under any State compensation programs, insurance -2-policies, Federal or State health benefits programs (other than Title XIX ofthe Social Security Act (42 U.S.C. 

### § 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and 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). 11. Payment(s) made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. 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 will be used solely for the benefit of petitioner as contemplated by a strict construction of42 U.S.C. 

### § 300aa-15(a) and (d), and subject to the conditions of42 U.S.C. 

### § 300aa-15(g) and(h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's 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 United States Court ofFederal 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 vaccination as alleged by petitioner in a petition for vaccine compensation 

### -3-filed on or about May 31, 2017, in the United States Court ofFederal Claims as petition No. 17-719V.14. 

### Ifpetitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf ofeither or both ofthe parties. 15. 

### Ifthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court ofFederal 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 ofeither party. 16. 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 9 above. There is absolutely no agreement on the part ofthe parties hereto to make any payment or to do any actor 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 of the parties' respective positions as to liability and/or amount ofdamages, and further, that a change in the nature ofthe injury or condition or in the items ofcompensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccine caused petitioner's alleged injury or any other injury or petitioner's current condition. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. -4-END OF STIPULATION

-5-07/28/2021 10:20 7066290059



### Respectfully submitted, 

### PETITIONER:

ATTORNEYOFRECORDFOR PETITIONER:



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### Greene St., Suite 

### 2000 Greensboro, NC 27401 Tel: (336) 645-3324



### AUTHORIZED REPRESENTATIVE

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### AND HUMAN SERVICES: 

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# _ z;,l(Sc,,J':-L TAMARA OVERBY Acting Dii:ector, Division ofInjury



### Compeosation Progral]$ Healthcare Systems Bureau Health Resources 8lld Services

Admu:mtration U.S. Department of

### Health

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### 5600 FJShers Lane, 08Nl46B 

### Rockville, :MD 

### 2o· g57 Dared: 

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### AUTHORIZED REPRESENTA: OF 

## THE ATTORNEY GENERAL

HEATIIER L. PEARLMAN Deput;y Director Torts Branch, Civil Division U.S. Department ofJus&e P.O.Box 146 

### Benjamin Franklin. Station Washington, 

### DC 20044-0146 

### A1TORNEYOFRECORDFOR RESPONDENT:

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## L(? COLLEEN C. HARTLEY Trial Attorney 

### Torts Branch Civil DivEion U.S. Department 

### ofJustice P.O.Box 146 

### Benjamin Franklin Station Washington, DC 20044--0l46 Tel; (202) 616-3644 

### Email: colleen.hartley@usdoj.gov PAGE 01



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