# 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 UNPUBLISHED DECISION 1 

## 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 c ontained 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 b een 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 

### T he 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 therei n. Damages awarded in that stipulation include: A lump sum paymen t of $ 310 ,000.00 i n 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 tha t 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

- 240 V 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 hereb y st i pu l a te to the follow in g matters: 1
. Johnnie Evans, Jr., ("pe t itioner"), as the Legal Rep r esentative of the Estate of Johnn i e Evans, 

### Sr. ("JES"), deceased, filed a petition for vacc in e compensation under the National Vacc ine Injur y Compensation Program, 42 U
. S
. C
. § 300aa-10 to 34 (the "Vaccine Program"). The petit i on seeks compensation for injuries and death allegedly related to JES 's r eceipt of an influ enza ("flu") vaccine, which va c cine is contained in the Vaccine fojury Table (the "T ab le"), 42 C.F.R
. § I 00.3(a). 2. JES rece i ved the flu vacc in e on October 10, 20 1 4. 3. The vacc i ne was administered w it hin th e Un i ted States. 4. Petitioner a ll eges th at as a res ult of rece i ving th e flu vacc i ne, JES suffered Ouill a inBarre Syndrome ("OBS"). JES passed away on February 10, 20 1 5
. Petitioner furth e r alleges that JES's death was the sequela of his alleged vaccine-related injury
.

I of 55. Pet it i one r represents that the r e has been n o prior award o r settlement of a civi I action for damages on beha lf of J ES as a r esu lt of hi s a ll eged conditio n o r death. 6
. Respo n den t de ni es that the flu vacc i ne caused JES's alleged GBS, any other injury, or his death. 7. Mai nta i nin g th e ir above-stated posit i ons, the patti e s neverthe l ess now agree that the issues be t wee n the m sha ll be settled a n d that a dec i s i on should be entered awarding the compensation d escribed in parag r aph 8 of this Stipulat i on. 8. As soon as practicable after an e n try of judgment re fl ecting a decision consistent with the terms of this St ipulation, and after peti tioner has filed an election to receive compensation pu rsuant t o 42 U.S
. C. § 300aa-21 (a)( l ), the Secretary of Health and Human Services wi ll issue the fo ll ow i ng vacci ne compensation paymen t : A l ump s u m of $3 10 , 000. 0 0 th e form of a c heck payable to pet i t ioner as legal r epresentative of the Estate of J ohnn i e Evans , S r . This amo u nt represe nts compensat i on fo r a ll damages that wou ld be availab le unde r 42 U.S.C. § 300aal 5(a). 9. As soon as prac ti cab l e after the en t ry of judgment on ent i tle ment in this case, and after pet i tioner has filed both a proper and t i me l y elect i on to receive compensation p ursuant to 42 U.S.C. § 300aa-2 l ( a )( I ), and a n applicat i on, th e pa1ties w ill submit to further proceedings before the spec i a l m aster t o awa r d reasonable a ttorney s ' fees a nd costs incurred i n p r oceeding upon this petit i on. I 0
. Petitioner a n

d hi s a tt orney represen t t hat they h ave i dentified to respondent nll known
sources of payme nt for i tems or serv i ces for wh ich the Program is no t primarily l ia bl e und er 42 U.S
. C. § 300aa- l 5(g), inc luding State compensat i on programs, insurance policies; Federal o r Stute hea l th benefits programs (other than Title XIX of the Social Security Ac t (42 U .S.C.**~** 1396 et seq . )), or entities that p r ovide hea lt h se r vices on a pre-paid basis.
2 of511
. P ay ment made pursuant to p a ra graph 8 of this Stipulation, and any amount awarded pu rsuan t to paragraph 9, will be made i n accordance w i th 42 U.S.C
. § 300aa

- 15(i), su b ject to th e
av ai lab il ity of sufficient statutory f un ds
. 12
. Pe t itioner represe nts that he presentl y is, or within 90 days of the date of judgment wi ll become, duly authorized t o se rve as legal repres en tative of the Estate o f Johnn ie Evans , Sr., under the laws of the S tate of Ohio. No p ayme n ts pursuant to this Stipu lat ion sha ll be made un ti l petitioner pro v i des the Secretary wit h docu ment at ion establishing his appoin tment as legal repre sen tative of th e Estate of J oh nnie Evans, Sr. If pe t itioner is not authorized by a court o f competentju risd icti on to serve as legal repre se nt at ive of th e Es tate o f J ohnn ie Ev ans, Sr., at the time a payment pu rsuan t to this Stipulati o n is to be made, an y such pa y ment shall b e pa id to t h

e p arty or pa rties a pp ointed by a court o f competent juri sdict i on to serve as le ga l r e pre sentative of the Es t ate of Johnnie Evan s , S r ., upon s ubmi ss io n of written documentation of suc h appoin tment to the S ecre t ary . 13. In return for the pay ment s de scrib ed i n parag raph 8 , and any amo un t awarded pu rsuant to paragra ph 9, petitioner, in his indiv idua l capac i ty, and as the Legal Representative of th e Estate of Jo hnnie Eva n s , S r ., o n beha lf o f t he Estate a n

d JES ' s h ei r s, execu tors, administrators, successors or ass i g n s , does forever irrevocably and uncondit ionally re l ease, a cqu i t
a nd di sc ha rge the United Sta te s and th e Se c ret ar y of H ea lth and H um a n Services from any and a ll actions or causes of action (including agreements, judgments , claim s , damages, loss of serv ices, expe nses an d all demands of whatever kind or n ature ) th at have been b rough t , cou l d have been brought, o r co uld be ti m e l

y broug h t in th e Cou rt of Federa l C laims, un d er th e Na ti onal Vacc ine In

jury Co mpen sat ion Program, 42 U.S.C. § 300 aa -1 0 et seq., on account of , or in any way grow in g o u t of, any and all know n or un k now n, su spected or unsuspected pe rsona l injurie s to or

3 o fSdeat h o f JES res ult i ng from, or a ll eged to have resu l ted fr om , t h e flu vacci ne adm ini stered on October I 0, 20 I 4, as alleged in a Pet i tion filed on February 1 8, 2016, i n the United States Court of Fed e ral C laims as peti tion No. l 6-240V. 1 4. If the specia l master fails to issue a dec i s i on in complete confo r mity with the terms of this Stipulation o r ifthe Un ited States Cou1t of Federa l C lai ms fa i ls t o enter judgment in confor m ity wi t h a decis i on that i s in co m p l

ete conformity wi t h the terms of this Stipulat i on, then the pa r ties' settlement and this Stipulat i on sha l l be vo idable a t the sole discretion of either patt y. I S. This Stipulation expresses a full and complete negotiated sett lement of liab ility and d amages cla im e d un der the Natio na l Ch il dhood Vacc in e Inju r y Act of 1 986 , as amended, except
as othe r w i se noted in parag r aph 9 above. There is absolu t ely no agreement on the part of the parties hereto to make a n y payment or do any act or th i ng other than is herein expressly stated and c l early agreed to. The parties furt her ag r ee and understa nd that the award descr i bed in t his Stipulation may r e fl ect a compromise of the parties' respect ive positions as to l iabi l ity and/or
amou n t o f d
. a

m

ages . 1 6. Th i s St i pulation shall not be cons t rued as an admission by the Un i ted States or the Secretary of Healt h and Human Services that the flLI vaccine caus ed JES 's alleged OBS, any other injury, or his dea th. 17. All rights and obl i gations of pe t itioner in his capacity as the Legal Representative of the Estate of J o hnn ie Evans, Sr., shall a ppl y equally to peti ti o ne r 's h ei r s, exec utors, admin i strators, successors, and /or ass igns. END OF STIPULATION

4 of5Respectfully submitted,
PETITIONER:

ATTORNEY OF RECORD FOR PETITIONER:

Boston, MA 02116 (6 17) 695-1990

R., M.D. Acting Director, Division of Injury Compensation Programs Hea lthctll'e Systems Bureau U.S. Depa11ment of Health and Humnn Services 5600 Fishers Lane Parklawn Building, Mai l Stop 08-Nl46B Rockville, MD 20857

Da t ed:

## J'ul~ 

# 21 1 · 

# 2ol7

5 o f5 Benjamin Franklin Stntion W

as hington, DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:

# ~ikk- ADR IANA TEITEL Trial Att<;>rney Torts Branch C i

v il Division 

### U.S. Department of Jus tice P.O
. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 (202) 616-3677