# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 1 7 -707 V (not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * WILLIE GRIFFIN, *

* Special Master Corcoran * Petitioner, * Filed: August 3, 2018 *

v. * * Decision by Stipulation; Damages; SECRETARY OF HEALTH * Influenza (“flu”) Vaccine; Chronic AND HUMAN SERVICES, * Inflammatory Demyelinating * Polyneuropathy ( “ CIDP ” ). Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * *

Jeffrey S. Pop , Jeffrey S. Pop & Associates, Beverly Hills, CA for Petitioner. Lara Ann Englund , U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1 On May 30, 2017 , Willie Griffin filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleges that he suffered from Chronic Inflammatory Dem yelinating Polyneuropathy (“CIDP ”) , as a result of h is October 1, 2014, Influenza (“flu ”) vaccine. Petitioner further alleges that he has experienced the residual effects of this condition for more than six months

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1 Although this Decision has been formally designated “not to be published,” it w ill nevertheless be posted on the Cou rt of Federal Claims’s website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet . As provided by 42 U.S.C. § 300aa12(d)(4)(B), however, the parties may object to the D ecision’s inclusion of certain kinds o f confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Oth erwise, the whole Decision in its present form will be available. Id

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2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (20 12) (“Vaccine Act” or “the Act”)

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Respondent denies that the flu vaccine caused Petitioner’s CIDP or any other injury

. Nonetheless both parties, while maintaining their above

- stated positions, agreed in a stipulation (filed on August 3 , 2018 ) that the issues before them could be settled, and that a decision should be entered awarding Petitione r compen sation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:

 A lump sum of $ 180 ,000 .00 , in the form o f a check payable to Petitioner.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the Court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

/s/ Brian H. Corcoran Brian H. Corcoran Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS WILLIE GRIFFIN, ) ) Petitioner, ) ) v. ) No. 17-707V ) Special Master Brian Corcoran SECRETARY OF ) HEALTH AND HUMAN SERVICES, ) ) Respondent. ) )

STIPULATION The parties hereby stipulate to the following matters:

1. P etitioner Willie Griffin (“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 the influenza (“flu ”) vaccine , which vaccine is containe d in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3 (a).

2. Petitioner received a flu vaccine on or about October 1, 2014.

3. The vaccine w as administered within the United States. 4. Petitioner allege s that the flu vaccine caused h im to develop Chronic Inflammatory Demyelinating Polyneuropathy (“CIDP”) and that he experienced residual effects of th is injury

for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damag es as a result of h is condition. 6. Respondent denies that the flu vaccine is the cause of petitioner’s alleged CIDP or any other injury or h is current condition.2 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 of this Stipulation. 8. As soon as pr acticable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner ha s filed an election to receive compensation pursuant to 42 U.S.C. § 300aa- 21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $180,000.00 in the form of a 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)(1), and an application, the parties will submit to further pro ceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition.

10. Petitioner and h is attorney represent that they have identified to respondent all known sources of payment for items or servic es for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation programs, insurance policies, 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. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject

to the availabi lity of sufficient statutory funds.3 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 of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner , in h is individual capacity, and on behalf of h is 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 of whatever 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 v accina tion administered on October 1, 2014, as alleged by petitioner in a petition for vaccine compensation filed on or about May 30, 2017, in the United States Court of Federal Claims as petition No. 17-707 V.

14 . If petitioner 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.

15 . If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal C laims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties’ settlement and this Stipulation shall be voidable at the sole discretion of either party.4 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 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 of the 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. 17. 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 CIDP or any other injury or h is current condition.

18 . All right s and obligations of petitioner hereunder shall a pply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns

. END OF STIPULATION / / / / / / / / / / / / / / / / /