In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-138V

UNPUBLISHED

KATHERINE MENSINGER

as Administrator of the

ESTATE OF THOMAS MENSINGER

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: April 25, 2022

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Guillain-Barre 

Syndrome (GBS)

Steven K Jambois, Maglio, Kralovec, Jambois and Schwartz, Chicago, IL, for Petitioner.

Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On February 10, 2022, Katherine Mensinger, as the Administrator of the Estate of 

Thomas Mensinger, deceased, filed a petition for compensation under the National 

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

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(the “Vaccine 

Act”). Petitioner alleges that the decedent suffered Guillain-Barre Syndrome (GBS), and

subsequent death on February 9, 2018, resulting from adverse effects of an influenza (flu)

vaccination received on November 11, 2017. Petition at 1; Stipulation, filed at April 22, 

2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was received within the United

States, the decedent’s GBS persisted up until the date of his death, and neither Petitioner, 

nor any other party has ever filed any action for the decedent’s vaccine-related injury. 

Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that the decedent sustained a 

GBS Table injury; denies that the flu vaccine caused the decedent’s GBS, or any other 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 

required 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. 

2 National 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).
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injury; and denies that the decedent’s death is a sequelae of a vaccine-related injury.” 

Stipulation at ¶ 6. 

Nevertheless, on April 22, 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 award the following 

compensation:

A lump sum of $175,000.00 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

3 Pursuant 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 

KATHERINE MENSINGER, as 

Administrator of the Estate of 

THOMAS MENSINGER, deceased, 

Petitioner, 

V. 

SECRETARY OF HEALTH AND HUMAN 

SERVICES, 

Respondent. 

) 

) 

) 

) 

) No. 20-138V (ECF) 

) Chief Special Master Corcoran 

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) 

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) 

________ ___ ) 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Petitioner, Katherine Mensinger, as Administrator of the Estate of Thomas 

Mensinger ("decedent"), 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 allegedly related to the decedent's receipt of an 

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

C.F.R. § 100.3 (a). 

2. The decedent received a flu vaccine on November 11, 2017. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that the decedent suffered Guillain Barre syndrome ("GBS") 

within the time period set forth in the Table, or in the alternative, that his alleged injury was 

caused-in-fact by the flu vaccine. Petitioner further alleges that the decedent died on February 9, 

2018, as a result of his alleged injury. 
5. Petitioner represents that there has been no prior award or settlement of a civil 

action for damages on the decedent's behalf as a result of the decedent's condition or his death. 

6. Respondent denies that the decedent sustained a GBS Table injury; denies that the 

flu vaccine caused the decedent's GBS, or any other injury; and denies that the decedent's death 

is a sequelae of a vaccine-related injury. 

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 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-2l(a)(l), the Secretary of Health and Human 

Services will issue the following vaccine compensation payment: 

A lump sum of $175,000.00 in the form of a check payable to petitioner as legal 

representative of the estate of Thomas Mensinger. 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)(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 her 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- 1 S(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 

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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), subject 

to the availability of sufficient statutory funds. 

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

judgment will become, duly authorized to serve as the legal representative of the decedent's 

estate under the laws of the State of Michigan. No payments pursuant to this Stipulation shall be 

made until petitioner provides the Secretary with documentation establishing petitioner's 

appointment as legal representative of the decedent's estate. If petitioner is not authorized by a 

court of competent jurisdiction to serve as legal representative of the estate of the decedent 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 the decedent upon submission of written documentation of such appointment to the 

Secretary. 

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her 

individual capacity and as administrator of decedent's estate, on her own behalf, and on behalf of 

decedent's estate, and his 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 

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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 decedent resulting from, or 

alleged to have resulted from the flu vaccination administered on November 11, 2017, as alleged 

by petitioner in a petition for vaccine compensation filed on or about February 10, 2020, in the 

United States Court of Federal Claims as petition No. 20-138V. 

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

terms of this Stipulation 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 either party. 

15. 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. 

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

Secretary of Health and Human Services that the decedent sustained a GBS Table injury; that the 

flu vaccine caused the decedent's alleged injuries, or any other injury; or that the decedent's 

death was a sequelae of a vaccine-related injury. 

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17. All rights and obligations of petitioner hereunder in her capacity as administrator 

of decedent's estate shall apply equally to petitioner's heirs, executors, administrators, 

successors, and/or assigns. 

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END OF STIPULATION 

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Respectfully submitted, 

PETITIONER: 

ST...,...~__. 

KRALOVEC, 'l-L"lJLV.LUV.Ls & scHW ARTZ 

60 W. Randolph, 4th or 

Chicago, Illinois 606 7 

(312) 782-2525 

sjambois@kjs-law.com 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

George R. Grimes DigitallyslgnedbyGeorgeR. 

Grlmes-S14 

-514 Date: 2022.04.01 16:17:11 -04'00' 

CDR GEORGE REED GRIMES, MD, MPH 

Director, Division of Injury 

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: oY l,q/uszz..., 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

HEATHER ~R~ L. PEARLMAN 

Deputy Director 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

KA THERINE C. ESPOSITO 

Trial Attorney 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

(202) 305-3774 

katherine.esposito@usdoj.gov