# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 17 - 1153 V Filed: August 28, 2019 UNPUBLISHED TARA M. LOHMAN ,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Guillain - Barre Syndrome (GBS)

Justin Glenn Day, Greg Coleman Law, PC, Knoxville, TN , for petitioner. Traci R. Patton , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION 1 

### Dorsey , Chief Special Master: On August 25, 2017 , p etitioner 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 she suffered Guillain - Barre Syndrome ( “ GBS ” ) as a result of an influenza ( “ flu ” ) vaccine administered to her on S eptember 19, 2014
. Petition at 1 ; Stipulation , filed August 27, 2019 , at ¶ ¶ 1 - 4
. Petitioner further alleges that the vaccine was administered in the United States, that her GBS has persisted for mo re than six months, and that there has been no prio r award or settlement of a civil action for damages on her behalf as a result of her con dition . Petit ion at 1 - 3 ; Stipulation at ¶¶ 3 - 5
. “ Respondent denies that petitioner meets the criteria set forth in the Table for GBS following the flu vaccine, and denies that the flu v accine cause d petit ioner to suffer GBS or any other injury or condition. ” Stipulation at ¶ 6.

1 The un dersigned intends to post this decision on the United States Court of Federal Claims' website. 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 informati on, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this u npublished decision contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in accordance with the E - Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federa l Management and Promotion of Electronic Government Services)

. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99 - 660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara g raph of 42 U.S.C. § 300aa (2012 ).2



### Nevertheless, o n August 27, 2019 , the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the term s stated in the attached Stipulation , the undersigned award s the following compensation: A lump sum of $ 95,000.00 in the form of a check payable to petitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id
. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision. 3 

### IT IS SO ORDERED . s/Nora Beth Dorsey Nora Beth Dorsey 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
TARA M. LO HMAN, ) ) ) ) ) Petiti o n e r, v. No
. 17- ll5 3V SECRETARY O F HE ALTH AND H UMAN ) SERVICES,

## ~ Ch ief Specia l Master Dorsey ECF Respondent. )



# _ ______________ ) STIPU L ATlON Th e parties hereby stipulate to the fo llowin g matte r s: I. Ta ra M. Lohman, petitioner, filed a petition for vaccine com p ensat i on under the National Vaccine Injury Compensation Program , 42 U. S.C
. §3 00aa-l O 

### et seq. (the "Vaccine Program"). Th e petition seeks compensation for injuries allegedly r e lated to M s. Lohman's receipt of the i nfluenza ( " flu " ) vaccine, whi c h vaccine is contained in the Vaccine Injury Table (t he " Table ") , 42 C.F.R. § I00 .3(a). 2. Petitio ner re ceived her flu immunization on September 19, 2014. 3. Th e vacc in e was a dm in iste red within t he United States. 4. Petitioner alleges that the flu vaccine caused h er to suffer Gu illain- Barre Syndrome ("GBS"). 5. Petiti oner r epresen t s that there has been n o prior award o r settlement of a civ i l action for damages on her behalf as a result of her condition. 6. Re spo ndent den ie s t hat petitione r meets the criteria set forth in the Table for G BS following the flu vaccine , and denies that the flu vaccine caused petitioner t o s uffer GBS or any other injury or cond iti on.7. Maintaining their above-stated positions, the parties nevertheles s now agree that the issues between them sha ll be set tled and th at a decision s hou ld be entered awarding t he compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment refle cting a deci s ion consistent with the term s of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S
. C. 

### § 300aa-21(a)(I), the Secretary of Heal t h and Human Services will issue the fo ll owing vaccine compensation payment: a lump sum of $95,000.00 in the form of a check p ayable to petitioner. This amount repre sents compensation for all damages that would be avai lable under 42 U .S.C. 

### § 300aa-15(a). 9
. As soon as practicable after t he entry of judgment on entitlement in this ca se, and after petitioner ha s filed both a proper and timely election to receive compensation pursuant to 42 U
. S.C. § 300aa -2 l(a)(l), and an appl ication, the parties will sub mit to further proceedings before the special master to award reasonab le attorneys' fee s and cost s incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided purs uant to this Stipulation is not for any item s or se r vices for which the Program i s no t primarily liable under 42 U.S.C. 

### § 300aa-l 5(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 o r 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 s 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- I 5(i) , s ubj ect to the availability of s ufficient statu tory fund s.12
. The partie s and their attorneys furth er agree and stipulate that, except for any award for attorneys' fees and litigat ion costs, the money p rovided pursua nt t o this Stipulation will be used so lely for the benefit of petitioner as contemplated by a strict co n structio n 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 her individ ual capacity, and on behalf of her heirs, executors, administrators, successors o r assigns, does forever irrevocably and unconditionally release, acquit and discharge the U nited 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) t h at have been brought, could have been brought, o r could be timely brought in the Court of Federal C la ims, under the National Vaccine Injury Comp en satio n Program, 42 U.S.C. § 300aa -10 et seq., on account of, or in any way grow i ng out of, any and all known or unknown , suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, th e flu vacci n ation administered on or about Septembe r 1 9, 2014, as alleged by petitioner in a petition for vaccine compensation fil ed on August 25, 2017, in the Un ited States Court of Federal Claims as petition No. 17 -11 53V. 14
. 

### If petitioner sho uld die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of eithe r or both of the parties. I 5. 

### If the special master fails to issue a deci s i on in complete conformity with the terms of this Stipu lation 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 Stipu lati on shall be voidable at the sole d iscretion of either party.



### 3

### 16. Th is Stipulation expresses a full and complete negotiat ed 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 i s 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. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or any other injury or condition. 18. All rights and obligations of petitioner hereunder 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: 

# r1~m -t.~ TARA M. LOHMAN



### ATTORNEY OF RECORD FOR PETITIONER:



### Firsl Tennessee Plaza 800 S. Gay St , Ste. 1100 

### Knoxville. Tennessee 37902 Tel: (865) 

### 247-0080



### AUTHORIZEJ) REPRESENTATIVE OF 

### THE SECRETARY OF HEALTH AND HUMAN SERVICES:

TAMARA OVERBY 

### Acting Director, Division of Injury Compensation Programs (DICP) Healthcare Systems Bureau Health Resomces and Services Administration 

### U.S. Department of Health and Human Services 5600 Fishers 

### Lane Parklawn 

### Building, Mail 

### Stop 08N 1468 

### Rockville, MD 20857
Dated:
5 

### AUTHORIZF.D REPRSENTATlVE 

### OJI~ THE ATTORNEY GENERAL:

THARINE E. REEVES De~,.,....,,irector Torts Branch Civil Division U.S
. Department of Just i ce P.O. Box 146 Ben jamin Franklin Station Washington, DC 20044-0146



### ATTORNEY OF RECORD 

### FOR RESPONDENT:

Senior Trial Attorney Torts Branch Civil Division U.S. Department of Justice P
. O. Box 146 

### Benjamin Franklin Station Washington, DC 20044-0146 Tel: (202) 353-1589