In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

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

JOHNNIE EVANS, JR., * 

as the legal Representative * No. 16-240V

of the Estate of * Special Master Christian J. Moran

JOHNNIE EVANS, SR., deceased, * 

 * 

 Petitioners, * 

v. * Filed: July 28, 2017 

 * 

SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; 

AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”); 

 * death 

 Respondent. * 

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

Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for Petitioner;

Adriana R. Teitel, United States Dep’t of Justice, Washington, DC, for 

Respondent.

UNPUBLISHED DECISION1

On July 21, 2017, the parties filed a joint stipulation concerning the petition 

for compensation filed by Johnnie Evans, Jr., on February 18, 2016. In his

petition, petitioner alleged that his father, Johnnie Evans, Sr., received the

influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (42 

C.F.R. §100.3(a)), on October 10, 2014, and the flu vaccine caused his father to 

suffer Guillain-Barré syndrome and ultimately lead to his father’s death on 

February 10, 2015. Petitioner represents that there has been no prior award or 

settlement of a civil action for damages on his father’s behalf as a result of his

father’s condition or death.

 1

 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and 

Promotion of Electronic Government Services), requires that the Court post this decision on its 

website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing 

redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). 

Any redactions ordered by the special master will appear in the document posted on the website. 
2 

Respondent denies that the vaccines either caused or significantly 

aggravated petitioner’s father’s alleged injury, any other injury, or his death. 

Nevertheless, the parties agree to the joint stipulation, attached hereto. The 

undersigned finds said stipulation reasonable and adopts it as the decision of the 

Court in awarding damages, on the terms set forth therein. 

 

Damages awarded in that stipulation include: 

A lump sum payment of $310,000.00 in the form of a check payable to 

petitioner as the legal representative of the estate of Johnnie Evans, Sr. 

This amount represents compensation for all damages that would be 

available under 42 U.S.C. § 300aa-15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B, 

the clerk is directed to enter judgment in case 16-240V according to this decision 

and the attached stipulation.2

 

 

IT IS SO ORDERED. 

 

 s/Christian J. Moran

 Christian J. Moran

 Special Master

 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each 

party filing a notice renouncing the right to seek review by a United States Court of Federal 

Claims judge.
IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

JOHNNIE EV ANS, Jr., as Legal 

Representative of the Estate of 

JOHNNIE EVANS, Sr., deceased, 

Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 16-240V 

Special Master Moran 

ECF 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Johnnie Evans, Jr., ("petitioner"), as the Legal Representative of the Estate of Johnn ie 

Evans, Sr. ("JES"), deceased, 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 and death allegedly related to JES's receipt of an 

influenza ("flu") vaccine, which vaccine is contained in the Vaccine fojury Table (the "Table"), 

42 C.F.R. § I 00.3(a). 

2. JES received the flu vaccine on October 10, 2014. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that as a result of receiving the flu vaccine, JES suffered OuillainBarre Syndrome ("OBS"). JES passed away on February 10, 20 15. Petitioner further alleges 

that JES's death was the sequela of his alleged vaccine-related injury. 

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5. Petitioner represents that there has been no prior award or settlement of a civi I action 

for damages on behalf of JES as a result of his alleged condition or death. 

6. Respondent denies that the flu vaccine caused JES's alleged GBS, any other injury, or 

his death. 

7. Maintaining their above-stated positions, the patties 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 practicable after an entry of judgment reflecting a decision consistent with 

the terms of this Stipulation, and after petitioner has filed an election to receive compensation 

pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue 

the fo llowing vaccine compensation payment: 

A lump sum of $3 10,000.00 the form of a check payable to petitioner as legal 

representative of the Estate of Johnnie Evans, Sr. This amount represents 

compensation for all damages that would be available under 42 U.S.C. § 300aal 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)(I), and an application, the pa1ties will submit to further proceedings before 

the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this 

petition. 

I 0. Petitioner and his attorney represent that they have identified to respondent nll known 

sources of payment for items or services for which the Program is not primarily liable under 42 

U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies; Federal or 

Stute 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. 

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11 . Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded 

pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the 

availabil ity of sufficient statutory funds. 

12. Petitioner represents that he presently is, or within 90 days of the date of judgment 

will become, duly authorized to serve as legal representative of the Estate of Johnn ie Evans, Sr., 

under the laws of the State of Ohio. No payments pursuant to this Stipulation shall be made until 

petitioner provides the Secretary with documentation establishing his appointment as legal 

representative of the Estate of Johnnie Evans, Sr. If petitioner is not authorized by a court of 

competent jurisdiction to serve as legal representative of the Estate of Johnnie Evans, Sr., at the 

time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the 

party or parties appointed by a court of competent jurisdiction to serve as legal representative of 

the Estate of Johnnie Evans, Sr., upon submission of written documentation of such appointment 

to the Secretary. 

13. In return for the payments described in paragraph 8, and any amount awarded 

pursuant to paragraph 9, petitioner, in his individual capacity, and as the Legal Representative of 

the Estate of Johnnie Evans, Sr., on behalf of the Estate and JES'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 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. § 300 aa-1 0 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 

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death of JES resulting from, or alleged to have resulted from, the flu vaccine administered on 

October I 0, 20 I 4, as alleged in a Petition filed on February 18, 2016, in the United States Court 

of Federal Claims as petition No. l 6-240V. 

14. If the special master fails to issue a decision in complete conformity with the terms 

of this Stipulation or ifthe United States Cou1t 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 either patty. 

IS. 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 do any act or th ing other than is herein expressly stated 

and clearly agreed to. The parties further agree and understand that the award described in this 

Stipulation may refl ect a compromise of the parties' respective positions as to liability and/or 

amount of d.amages. 

16. This Stipulation shall not be construed as an admission by the Un ited States or the 

Secretary of Health and Human Services that the flLI vaccine caused JES 's alleged OBS, any other 

injury, or his death. 

17. All rights and obligations of petitioner in his capacity as the Legal Representative of 

the Estate of Johnnie Evans, Sr., shall apply equally to petitioner's heirs, executors, 

administrators, successors, and/or assigns. 

END OF STIPULATION 

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Respectfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

PETITIONER: 

Boston, MA 02116 

(617) 695-1990 

R., M.D. 

Acting Director, Division of 

Injury Compensation Programs 

Healthctll'e Systems Bureau 

U.S. Depa11ment of Health 

and Humnn Services 

5600 Fishers Lane 

Parklawn Building, Mail Stop 08-Nl46B 

Rockville, MD 20857 

Dated: J'ul~ 21 1 · 2ol7 

5 of5 

Benjamin Franklin Stntion 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

ADR

~ikk- IANA TEITEL 

Trial Att<;>rney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 616-3677