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# In the United States Court of Federal Claims

OFFICE OF SPECIAL MA STERS

No. 18
- 303 V Filed: July 11, 2019

* * * * * * * * * * * * * DANNY MITCHELL, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain

- Barre Syndrome v. * ( “ GBS ” ); Influenza ( “ Flu ” ) * Vaccine SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Shealen e Mancuso, Esq. , Muller Brazil LLP, Dre sher, PA , for petitioner. Voris Johnson , Esq

. , US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
Roth , Special Master:
On February 28, 2018 , Danny Mitchell ( “ Mr

. Mitchell or “petitioner” ) filed a petition for compensation under the National Vaccine Injury Compensation Program

. 2 Petitioner allege s that he developed Guillain

- Bar re syndrome ( “ GBS ” ) after receiving an influenza ( “ flu ” ) vaccine on Oc tober 6, 2016

. Stipulation, filed July 11, 2019 , at ¶¶ 1

- 4. Respondent denies that the afore mentioned immunizati on caused petitioner ’s injury. Stipulation at ¶ 6.

1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (codified as amended at 4 4 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of 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). Otherwise, the whole Decision will be available to the public. Id

.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Sta t. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).

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Nevertheless, the parties h ave agreed to settle the case. On July 11, 2019 , the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Responde nt agrees to issue the fol lowing payment :

A lump sum of $55,000.00 in the form of a check payable to petitioner, Danny Mitchell
. This amount represents compensation for all damages that would b e av ailable under § 300aa

- 15(a). I adopt the parties’ stipula tion attached hereto, and award compensation in the amount and on the terms set forth therein. The C lerk of the C ourt is directed to enter judgment in accordance with this decision. 3
IT IS SO ORDERED.
s/ Mindy Michaels Roth Mindy Michaels Roth Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

__________________________________________ ) DANNY MITCHELL, ) ) Petitioner, ) ) No. 18-303V (ECF)
v. ) Special Master Roth ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________)
STIPULATION
T he parties hereby stipulate to the following matters:
1. Danny Mitchell (“petitioner”) filed a petition for va ccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to - 34 (the “Vaccine Program”). The petition seeks compensation for injurie s allegedly sustained following petitioner ’s re ceipt of an influenza (“ flu”) vaccin e , which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a).
2. Petitioner received a flu vaccine on October 6, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he suffered Guil lain

- Barré syndrome (“GBS”) that was
caused

- in

- fact by his receipt of the flu vaccine. Petitioner further alleges that he experienced the
residual effects of his GBS for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his condition. 6. Respondent denies that the flu vaccine caused petitioner’s alleged GBS and2 residual effects, or any other injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that
the issues between them shall be settled and that a deci sion should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an elec tion 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 $55,000.00 in the form of a check payable to petitioner, Danny Mitchell , wh ich amount represents compensation for all damages that would be availabl e und er 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 proceedings before the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this petition.
10. Petiti oner and his attorney represent that 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 policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.), or by 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), subject3 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, the money provided pursuant to this Stipulation
will be used sole ly for the benefit of petitioner , as contemplated by a strict constru ction 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 his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the Secretary of Health and Human Services and the United States of America 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 In jury 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 allege d to have resulted from, the flu vaccine administered on October 6, 2016, as alleged by petitioner in a petition for vaccine compensation filed on or about February 28 , 2018, in the United States Court of F ederal Cla ims as petition No. 18-303 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 Stipulat ion, or if the Court of Federal Claims 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 ei ther party./ / / / / / / / / / / / / / / / / 16. This S tipulation e xpresses a f ull and c omplete n egotiated s ettlement of lia bility and damages claimed under t he N ational V accine Injury Act of 1986, as a mended, ex cept as otherwise not ed in paragraph 9 above

. There is ab solutely no a greem ent on t he pa rt of t he parties he reto to make a ny payment or t o do any a ct or t hing ot her t han is he rein expressly s tated and clearly agreed to. The pa rties f urther a gree a nd understand that t he a ward described in this Stipulation ma y r eflect a compromise of the pa rties’ r espective pos itions a s to lia bility a nd/or

amount of da mages , a nd further, that a change i n the na ture o f t he i njury or condition or i n the
items of c ompensation sought, is not gr ounds t o modify or revise t his a greement.
17. This Stipulation shall no t be c onstrue d as a n admission by t he U nited States of
America or

t he Secretary of H ealth an d Human Services t hat pe titioner ’s al leged GBS and
residual e ffects, or any ot her i njury , w ere caused by the flu vaccine.
18. All r ights a nd obligations of pe titioner he reunder s hall a pply equally t o petitioner’s he irs, successors a nd/or a ssigns.
END OF S TIPULATION

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