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

No. 20 - 07 14 V UNPUBLISHED
JOHN FRANKLIN METZ GER ,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran Filed: January 25, 2022 Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Brachial Neuritis / 

### Parsonage - Turner Syndrome
Kristina E. Grigorian, Jeffrey S. Pop & Associates, Beverly Hills, CA , for Petitioner. Sarah Black Rifkin , U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1 

### On June 12, 2020 , John Franklin Metzger 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 Brachial Ne uritis/Parsona ge - Turner Synd rome as a result of an influenza ( “ fl u ” ) vaccine receiv ed on November 7, 2018

. Petition at 1 ; Stipulation, fil ed January 25, 2022 , at ¶¶ 2 - 4

. Petitioner further alleges that the vaccine was administered in the United States, he e xperienced the residual effects of hi s condition for more than six months, and there has been no prior award or settlement of a civ il action for damages on his be half as a result of his alleged injury . Petit ion at ¶¶ 7, 40 - 41 ; Stipulation at ¶¶ 3 - 5
. “ Respondent denies that the flu vaccine caused petitioner ’ s alleged injuries or any othe r i njury and denies that petitioner ’ s current condition is a sequela of a vaccine
- related injury. ” Stipulation at ¶ 6.

1 Because this unpublished D ecision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the D ecision 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 f its 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 p ertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2



### Nevertheless, on January 25, 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 $ 95,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under Section 15 (a). Id

. I approve the requested amount for P etitioner’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/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 STATE§ CO URT OF FE D E RAL CLAIMS OFFICE OF SPECIAL M A STERS

JOHN FRANKLIN METZGER, Petitioner,


### v. SECRETARY OF HEAL TH AND HUMAN SERVICES, Res ondent. No. 20-714V (ECF) Chief Special Master Corcoran



### STIPULATION The parties hereby stipulate to the following matters: I. John Franklin Metzger ("petitioner"), 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 petitioner's receipt 

### of an influenza ("flu") vaccine. This vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a)(l4). 2. Petitioner received a flu vaccine on November 7, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he suffered "Brachia) Neuritis/Parsonage-Turner Syndrome" that was caused-in-fact by the above-stated vaccination. Petitioner further alleges that he experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury.6. Respondent denies that the flu vaccine caused petitioner's alleged injuries or any other injury and denies that petitioner's current condition is a sequela 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-21 (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of 

### $95,000.00 in the form ofa check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l S(a). 9. As soon as practicable after the entry of judgment on entitlement in thi s 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)( 1), and an application, the parties 

### will submit to further proceedings before the special master to award reasonable attorney s' fees and cost s incurred in proceeding upon this petition. l 0. 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 not primarily liable under42 U.S.C. 

### § 300aa-15(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 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 basi s.


### 211. Payment made pur suant 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- l 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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. 

### § 300aa- l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in his indiv id ual capacity, and on behalf of 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 serv ices , 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. 

### § 300aa-l 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 death ofpetitioner re sult ing from, or alleged to have resulted from, the flu vaccine administered on November 7, 2018, as alleged in a petition for vaccine compensation filed on or about June 12, 2020, in the United States Court of Federal Claims as petition No. 20-7 !4V. 14. 

### If petitioner should die prior t o entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.


### 3

### 15. 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 enterjudgment 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 so led iscretion of either party. 16. 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 of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature ofthe 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 injuries
or any other injury or his current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATIO N

4

### Respectfully submitted, 

### PETITIONER:

J~~~TZGER


### ATTORNEY OF RECORD FOR PETJTIONER:



### KRISTIN GO RIAN Jeffrey
. op & Associates 9150 dshire Blvd., Suite 241 Beverly Hills, California 90212-3429 Email: 

### kgrigorian@poptawyer
. com



### AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES: 

### AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:

# ~~~ HEA TiiER L. PEARL 

## N Deputy Director Torts 

### Branch Civil Division U.S. 

### Department of

### Justice P.O. 

### Box 146 Benjamin Franklin Station Washington, DC 20044-0146
ATTORNEYOFRECORDFOR 

### RESPONDENT: 

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# z;>r/Se,, 

# A/J~.#~

# ~ ~ L~e.u.;v-- CDR GEORGE REED GRIMES, MD, 

# 'Uftt SARAH B. RIFKIN Director, Division of Injury 

### Trial Attorney

Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice

Administration P.O. Box 146 

### U.S. Department of Health Benjamin Franklin Station

and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08NJ46B Tel: (202) 305-5997 Rockville, MD 20857 Email: sarah.rifkin@usdoj.gov

Dated: 

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