# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: May 18, 2021

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

SUSAN B. ACON, *

as executrix of the estate of * UNPUBLISHED

AGNES BIAGINI, *

* No. 19

- 64V

Petitioner, *

v. * Special Master Gowen

*

SECRETARY OF HEALTH * St ipulation ; Influenza ( Flu);

AND HUMAN SERVICES, * Guillain

- Barr é syndrom e (GBS);

* Death.

Respondent. *

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

Rudolph L. Mas sa , Massa Law Group, PC, Pittsburgh, PA, for petitioner.

James V. Lop ez , United States Department of Justice, Washington, D C , for respondent.

DECISION ON STIPULATION 1

On January 15, 2019

, Susan B. Acon (“petitioner”) as executrix of the estate of Agnes

Biag ini

, filed a petition for compensation in the National Vaccine Injury Compensation

Program. 2 Petition (ECF No. 1 ) . Th e petition seeks compensation for injuries and death

allegedly related to Ms. Biagini ’s receipt of an influenza (“flu”) vaccine, which vaccine is

contained in the Vaccine Injury Table (the “Tabl e ” ), on December 7, 2016.

Petitioner alleges that as a result of receiv ing the flu vaccine, Ms. Biagini su ffered

Guil lain

- Barr é syndrome ( “ GBS ” ) and th at her death on January 1 5, 2017, was a sequela of the

alleged vaccine

- related injury

.

1 P ursuant to the E

- Government Act of 2002, see 44 U.S.C. § 3501 note (2012), b ecause this opinion contains a

reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of

Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion

is posted on the Court’s website, each party has 14 days to file a motion requesting redaction “of any information

furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or

confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly

unwarranted invasion of privacy.” Vaccine Rule 18(b). An objecting party must provide the Court with a proposed

redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion w ill

be posted on the Court’s website without any changes. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine

Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended 42 U.S.C. §§ 300aa

- 10 to 34 (2012)

(hereinafter “Vaccine Act” or “the Ac t”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of

the Act.2

On May 18 , 2021, respondent filed a stipulation which provides that a decision should be

entered awarding compensation to petitioner on behalf of Ms. Biagini ’s estate . Stipulation (ECF

No. 45 ). Respondent denies that Ms. Biagini sustained a Table GBS injury and further denies

that the flu vaccine caused M s. Biagini ’ s alleged GBS, an y other injury, or her death

. Id. at ¶ 6.

Maintaining their above

- stated positions, the parties n evertheless n ow agree that the

issues between them shall be settled and that a decision should be entered awarding the

compensation described in paragraph 8 of the stipulation, which is attached hereto as Appendix

A. Id. at ¶ 7.

The stipulation awards a lump sum of $ 24 0,000.00 in the form of a check payable to

petitioner as legal representative of the estate of Agnes Biagini

. This lump sum represents

compensation for all damages that would be available under 42 U.S.C. § 300aa

- 15(a).

I adopt the stipulation as the decision of the Court and hereby award compensation in the

amount and on the terms set forth therein. Acco rdingly, the Clerk of Court SHALL ENTER

JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED.

s/Thomas L. Gowen

Thomas L. Gowen

Special Master

3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule

11(a).