# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1536V UNPUBLISHED ANDREW BOWLING, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Chief Special Master Corcoran Filed: September 8, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 

### On November 6, 2020, Andrew Bowling 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 Guillain-Barre Syndrome as a result of an influenza vaccine he received on October 12, 2018. Petition at 1; Stipulation, filed at September 8, 2022, ¶¶2, 4. Respondent denies “that Petitioner suffered from GBS; denies that the vaccine caused Petitioner’s alleged injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶6. Nevertheless, on September 8, 2022, 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 awardthe following compensation:
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I amrequired to post it on the United States Court of Federal Claims' website in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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 

### A lump sum of $49,000.00 in the form of 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 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
ANDREW BOWLING, Petitioner, V. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. ) ) ) ) ) No. 20-1536V ) Chief Special Master Corcoran ) ECF ) ) 

### ) ) 

# _______________ ) 

### STIPULATION The parties hereby stipulate to the following matters: I
. Andrew Bowling, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. 

### §§ 300aa-10 

### et seq. (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, 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 orabout October 12, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he suffered Guillain-Barre Syndrome ("OBS") "[a]s a result of receiving" the flu vaccine. 5. Petitioner represents that there has been no prior award or settlement ofa civil action for damages on his behalfas a result ofhis condition. 6. Respondent denies that petitioner suffered from GBS; denies that the vaccine caused petitioner's alleged injury, or any other injury; and denies that petitioner'scurrent condition is a sequela ofa vaccine-related injury. 7. Maintaining their above-slated 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 anentry of judgmentreflecting 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 

### $49,000.00 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-l 5(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-2 l (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
. 10. Petitioner 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 notprimarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment hasbeen 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 ofthe Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

211
. Payment made pursuant to paragraph 8 ofthis Stipulation and any amounts awarded pursuant to paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C
. 

### § 300aaI 5(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, andpast unreimbw-sable expenses, the money provided pursuantto this Stipulation 

### will be used solely for petitioner's benefit as contemplatedby a strict construction of 42 U.S.C. 

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

### §§ 300aa-l S(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his individual capacity, and onbehalfofhis heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary ofHealth and Human Services from any and all actions or causes ofaction (including agreements,judgments, claims, damages, loss ofservices, expenses and all demands of whatever kind or nature) that havebeen brought, could have been brought, or couldbe timely brought in the Court ofFederal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C
. § 300aa-l O

### 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 ofpetitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about October 12, 2018, as alleged by petitioner in a petition for vaccine compensation filed November 6, 2020, in the United States Court ofFederal Claims as petition No. 20-1536V. 14. If petitioner shoulddie prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalfofeither or both ofthe parties.

315. 

### Ifthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or ifthe Court of Federal Claims fails to enter judgment 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. 

### I 6. 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 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 ofdamages, and further, that a change in the nature ofthe injury orcondition 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 Service thatthe flu vaccine causedpetitioner's alleged injury or any other injury orhis current disabilities. 18. All rights and obligations ofpetitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. 

### END OF STIPULATION

4Respectfully submitted,

# LA 

### ATTORNEY OF RECORD FOR PETITIONER: 

# tOY/J, t.h/4;.J!hA~a~ RONALD C. HOMER 

## l<ult 8':3.llt)IJ)

# ~ Conway Homer, P.C. 16 Shawmut Street Boston, 

### MA 02116 Tel: (617)695-1990

AUTHORJZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: 

### George 

### R. Grimes - Olgltallyslgned by George ll Gri mes•S14 

### S14 Date : 2022.08.09 17:26: 26--04'00' 

### CDR GEORGE REED GRIMES, 'MD, 

### MPH Director, Division oflnjury

Compensation Programs Health Systems Bureau Health Resources and Services

Administration U.S
. Department of Health

and Human Services 5600 Fishers Lane, 08N146B Rockville, 

### 'MD 20857

Dated:



# --- --- --- 5 AUTHORJZED REPRESENTATIVE OF THE ATTORNEY GENERAL:



### 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:

Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 305-2181 jennifer.shah@usdoj
.gov