IN THE UNITED STATES COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

No. 12-418V

Filed: June 25, 2014 

(Not to be published) 

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

NANCY J. PASS, * 

 * 

 Petitioner, * 

 v. * Stipulation; Flu; GBS; 

 * 

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, * 

 * 

 Respondent. * 

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

F. John Caldwell, Jr., Esq., Maglio, Christopher & Toale, PA, Sarasota, Fl for petitioner. 

Tara Kilfoyle, Esq., U.S. Dept. of Justice, Washington, DC for respondent. 

DECISION ON JOINT STIPULATION1

Gowen, Special Master: 

 Nancy J. Pass [“petitioner”] filed a petition for compensation under the National 

Vaccine Injury Compensation Program2

 on June 26, 2012. Petitioner alleges that she 

suffered Guillain-Barre Syndrome [“GBS”] that was caused in fact by a flu vaccination 

she received on or about October 21, 2011. See Stipulation, filed June 25, 2014, at ¶¶ 

2, 4. Further, petitioner alleges that she experienced residual effects of her injury for 

more than six months. Id. at ¶ 4. Respondent denies that the flu vaccine is the cause 

of petitioner’s alleged GBS and/or any other injury. Stipulation at ¶ 6. 

 Nevertheless, the parties have agreed to settle the case. On June 25, 2014, the 

parties filed a joint stipulation agreeing to settle this case and describing the settlement 

terms. 

 

 Respondent agrees to pay petitioner: 

                                                            

1

 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend 

to post this decision on the United States Court of Federal Claims' website, in accordance with the EGovernment Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 

U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), a party has 14 days to identify and 

move to delete medical or other information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). 

Further, consistent with the rule requirement, a motion for redaction must include a proposed redacted 

decision. If, upon review, I agree that the identified material fits within the requirements of that provision, I 

will delete 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2006). 
(a) A lump sum of $25,000.00 in the form of a check payable to 

petitioner, Nancy J. Pass. This amount represents compensation for 

all damages that would be available under § 300aa-15(a).

 The special master adopts the parties’ stipulation attached hereto, and awards 

compensation in the amount and on the terms set forth therein. The clerk of the court is 

directed to enter judgment in accordance with this decision.3 

IT IS SO ORDERED. 

 

 s/ Thomas L. Gowen 

 Thomas L. Gowen 

 Special Master 

                                                            

3

 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice 

renouncing the right to seek review.