In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0074V

UNPUBLISHED

RICHARD JOSEPH SPAHR,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: March 9, 2022

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Cellulitis

Andrew Gordon Melling, Burr & Forman LLP, Columbia, South Carolina, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

Respondent.

DECISION ON JOINT STIPULATION1

On January 23, 2020, Richard Spahr 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 cellulitis as a result of an influneza (“flu”) 

vaccination received on December 30, 2017. Amended Petition, filed July 23, 2021, at 1; 

Stipulation, filed March 8, 2022, at ¶¶ 1, 3-4. Petitioner further alleges that the vaccine 

was administered within the United States, that he suffered the residual effects of his 

injury for more than six months, and that there has been no prior award or settlement of 

a civil action on his behalf as a result of his injury. Stipulation at ¶¶ 3-5; see Amended 

Petition at ¶¶ 2, 14-16. “Respondent denies that the flu vaccine caused [P]etitioner’s 

alleged cellulitis or any other injury and further denies that his current disabilities are a 

sequela of a vaccine-related injury or that he suffered the residual effects of his alleged 

injury for at least six months.” Stipulation at ¶ 6. 

1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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).
2

Nevertheless, on March 8, 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 $18,000.00 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 

RICHARD JOSEPH SPAHR, 

Petitioner, 

V. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

Respondent. 

No. 20-74V 

Chief Special Master Corcoran 

SPU 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Petitioner, Richard Spahr, 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 the influenza 

("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 

100.3 (a). 

2. Petitioner received a flu vaccine on or about December 30, 2017. 

3. The vaccine was administered within the United States. 

4. Petitioner alleges that he suffered cellulitis as a consequence of the flu immunization he 

received on or about December 30, 2017, and further alleges that he suffered the residual effects 

of this injury 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 condition. 

Page 1 of 5 
6. Respondent denies that the flu vaccine caused petitioner's alleged cellulitis or any other 

injury and further denies that his current disabilities are a sequela of a vaccine-related injury or 

that he suffered the residual effects of his alleged injury for at least six months. 

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 $18,000.00, in the form of a check payable to petitioner, 

representing 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. 

l 0. Petitioner and his attorney represent that they have identified to respondent all known 

sources of payment for items or services for which the Program is not primarily liable under 42 

U.S.C. § 300aa-l 5(g), including 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 entities that provide health services on a prepaid basis. 

Page 2 of 5 
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded 

pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(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, the money provided pursuant to this Stipulation will be used 

solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa15(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 his individual 

capacity, and on behalf of his heirs, executors, administrators, successors, and 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 United 

States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 

') 

U.S.C. § 300aa710 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 petitioner resulting from, or 

alleged to have resulted from, the flu vaccination administered on or about December 30, 2017, as 

alleged by petitioner in a petition for vaccine compensation filed on or about January 23, 2020 in 

the United States Court of.Federal Claims as petition No. 20-74V. 

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable 

upon proper notice to the Court on behalf of either or both of the parties. 

15. If the special master fails to issue a decision in complete conformity with the terms of 

this Stipulation or if the United States Court of Federal Claims fails to enter judgment in 

Page 3 of 5 
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. 

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 of the 

parties hereto to make any-payment or 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 damiges, 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 cellulitis 

or any other injury or any of his current disabilities. 

18. All rights and_ obligations of petitioner hereunder shall apply equally to petitioner's 

heirs, executors, administrators, successors, and/or assigns. 

END OF STIPULATION 

Page 4 of 5 
Respectfully submitted, 

ATTORNEY OF RECORD FOR 

PETITIO~ER; 

~ L ~ ( .. ( :_ 

ANDREW G. MELLING L 

BURR & FORMAN LLP 

P.O. Box 11390 

Columbia, SC 29211 

(803) 799-9800 

AUTHORIZED REPRESENTATIVE OF 

THE SECRET ARY OF HEALTH AND 

HUMAN SERVICES: 

Digitally signed by George R. 

George R. Grimes -514 Grlme,-S14 

Date: 2022.02.25 13:51 :43 -05'00' 

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, 08N 146B 

Rockville, MD 20857 

Dated: o:z/~JlfJ22_ 

Page 5 of 5 

AUTHORIZED REPRESENT ATTVE 

OF THE ATTORNEY GENERAL: 

HEATHER 

~~~e L. PEARLMAN ~ 

Deputy Director 

Torts Branch 

Civil Division 

U. S. Department of Justice 

P. 0. Box 146 

Benjamin Franklin Station 

Washington, D.C. 20044-0146 

ATTORNEY OF RECORD FOR 

RESPONDENT: 

K~B~~ 

~t:ie~t-.P~ 

MALLORI B. OPENCHOWSKI 

Trial Attorney 

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, D.C. 20044-0146 

Tel: (202) 305-0660 

ma! I ori. b. open chows ki@usdoj.gov