In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: March 4, 2016

Case No. 13-766V

* * * * * * * * * * * * * * * UNPUBLISHED

I.H., a minor, by his mother *

ALESKIS BROWN, * Chief Special Master Dorsey 

*

Petitioner, * Joint Stipulation on Damages; 

* Influenza (“flu”) Vaccine; 

v. * Narcolepsy; Cataplexy; Hypersomnia;

* Lack of Coordination/Ataxia.

SECRETARY OF HEALTH * 

AND HUMAN SERVICES, *

*

Respondent. *

*

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

Michael G. McLaren, Black McLaren, et al., P.C., Memphis, TN, for petitioner. 

Darryl R. Wishard, United States Department of Justice, Washington, D.C., for respondent.

DECISION1

On October 2, 2013, Aleskis Brown (“petitioner”) filed a petition on behalf of her minor 

son, I.H., under the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -

34 (2012). Petitioner alleges that I.H. developed narcolepsy, cataplexy, hypersomnia, lack of 

coordination/ataxia, and other neurologic and physical impairments as a result of receiving the 

influenza (“flu”) vaccination on December 10, 2012. Petition at 1. The undersigned determined 

 

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, 

the undersigned intends to post this ruling on the website of the United States Court of Federal 

Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 

Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). As provided by 

Vaccine Rule 18(b), each party has 14 days within which to request 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).

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-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this decision 

to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
that the onset of petitioner’s condition began between January 6 and 8, 2013. See Ruling 

Regarding Findings of Fact dated August 4, 2015, (ECF No. 45). 

On March 4, 2016, the parties filed a stipulation in which they stated that a decision 

should be entered awarding compensation. 

Respondent denies that the influenza vaccine caused I.H.’s alleged injuries. 

Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The 

undersigned finds the stipulation reasonable and adopts it as the decision of the Court in 

awarding damages, on the terms set forth therein. 

The parties stipulate that petitioner shall receive the following compensation: 

A lump sum in the amount of $550,000.00, in the form of a check payable to 

petitioner, Aleskis Brown, as guardian of I.H.’s estate. This amount represents compensation 

for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation dated March 

4, 2016, (ECF No. 58) at ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. 

Accordingly, an award should be made consistent with the stipulation. 

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of 

the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ 

stipulation. 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 is 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 

I.I I.. a minor. by his mother 

A LESK I BROW . 

Petitioner. 

V. 

EC RETARY OF HEA L TH 

A D HUMA SERVICES. 

Respondent. 

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o. 13-766V ECF 

Chief pecial M aster Dorsey 

- - ---------) 

STIPULATION 

The partie hereby stipulate to the following matters: 

I. Petitioner. A lcski s Brown. fi led a petition for vaccine compensation on behalfof her 

on. I H. under the ational Vaccine Injury Compensation Program. 42 U. .C. § 300aa- I 0 to 34 

(the ··vaccine Program .. ). The petition eeks compensation for inj uries alleged ly related to IH·s 

receipt of the influenza (""flu .. ) vaccine. w hich is contained in the Vaccine Injury Table (the 

·T able .. ). 42 C.F.R. § I 00.3(a). 

2. IH received the flu vaccine on December I 0. 20 12. 

3. The vaccine was administered w ithin the United States. 

4. Petitioner alleges that. as a re ult of receiving th e vacc ine. IH suffered from 

narcolepsy. cataplexy. hyper omnia. lack of coordination/atax ia. and neurologic and/or other 

physical impairments. and that II I experienced the residual effect of these injuries for more than 

six months. 

5. Petitioner represents that there has been no prior award or settlement of a civil action 
for damages as a result of the alleged injury. 

6. Respondent denies that the vaccines caused or significantly aggravated I H · s al Ieged 

medical condition and injuries. any of hi ongoing symptoms. or any other injury. 

7. Maintaining their above-stated positions. the parties nevertheless now agree that the 

issues bet\\een them shall be settled and that a decision should be entered awarding the 

compensation described in paragraph 8 o l" this Stipu lation. 

8. As soon as practicable after an entry ofjudgmcnt renecting a decision consistent 

w ith the terms of thi s Stipulation. and after petitioner has filed an election to receive 

compensation pursuant to 42 U .. C. ~ 300aa-2 I (a)( I). the Secretary of Health and I luman 

Services will issue the following vacc ine compensation payment: 

A lump sum of$550.000.00. in the form of a check payable to petitioner as 

guardian of 11-l"s estate. 

T he above amounts represent compensation for al l damages that would be available under 42 

U.S.C. * 300aa- 15(a). 

9. As soon as practicable after the entry of judgment on en titlement in this case. and 

after petitioner has filed both a proper and timely election to receive compensation pursuant to 

42 U .S.C. * 300aa-2 I (a)( I). and an application. the parti es wi 11 submit to further proceed in gs 

before the special master to award reasonable attorneys· fee and costs incurred in proceeding 

upon thi s petition. 

I 0. Petitioner and her attorney represent that compensation to be provided pursuant to 

this Stipulation i not for any items or services for which the Program is not primarily l iable 

under 42 U .S.C. * 300aa- I 5(g). to the exten t that payment has been made or can rca onably be 

expected to be made under any State compensation programs, insurance policies. Federal or 

2 
late health benefits programs (other than Title X IX 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. Payments made pursuant to paragraph 8 of this Stipulation. and any amount 

awarded pursuant to paragraph 9 of thi s tipulation. w ill be made in accordance with 42 U.S.C. 

§ 300aa-15(i). subject to the availabil ity or sufficient statutory funds. 

12. The parties and their attorneys further agree and stipulate that. except for any award 

for attorneys· lees and litigation costs. the money provided pursuant to thi s Stipu lation wi ll be 

used solely for the benefit of I 1-1. as contemplated by a tri ct construction of 42 U. .C. 

§ 300aa- l 5(a) and (d). and subject to the conditions o f 42 U.S.C. § 300aa- I 5(g) and (h). 

13. Petitioner represents that she pre ently is. or within 90 days of the date of 

judgment w ill become, duly authorized to serve as guardian of 11-l"s estate under the laws 

of the State o f Tennessee. No payments pursuant to thi s tipulation shall be made 

until petitioner provides the ecretary with documentation establishing her appointment as 

guardian of I H · s estate. Ir petitioner is not authorized by a court of competent 

j uri diction to serve as guardian of the estate of IH at the time a payment pursuant to this 

Stipulation is to be made. any such payment shall be paid to the party or parties appointed by a 

court of competent jurisdiction to serve a guardian of the estate of I H upon submi ssion of 

w ritten documentation of such appointment to the Secretary. 

14. In return for the payments described in paragraphs 8 and 9. petitioner. in her 

indi vidual capac ity. as legal representati ve of IH. and on behalf of her elf. IH, and their heirs. 

executors. administrators. successors or assigns. docs forever irrevocably and unconditional ly 

release. acquit and discharge the United tates and the ecretary or Health and Human Services 

from any and all actions. causes of action (including agreements. judgments. claims, damages, 

3 
loss of services. expenses and al I 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 

ational Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-I 0 et seq .. on account of. or 

in any way growing out of: any and al I known or unknown. suspected or unsuspected personal 

injuries to or death of IH resulting from. or alleged to have resulted from. the vaccines 

administered on December I 0. 20 12. as alleged by petitioner in a petition for vaccine 

compensation !i led on or about October 2. 20 13. in the United States Court of Federal Claims as 

petition No. 13-766V. 

15. If IH should die prior to entry of judgment. thi s agreement shall be voidable upon 

proper notice to the Court on behal r of either or both of the parti es. 

16. If the special master fai ls to issue a decision in complete conformity with the terms 

of thi s tipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 

decision that is in complete conformity w ith the term s of this Stipulat ion, then the parties· 

settlement and this Stipulation shal l be voidable at the sole discretion of either party. 

17. Thi s Stipulation expresses a full and complete negotiated settlement of l iability and 

damages claimed under the ational Chi ldhood Vaccine Injury Act of 1986. as amended, except 

as otherw ise noted in paragraph 9 above. T here is absolutely no agreement on the part of the 

parties hereto to make any payment or to do any act or thing other than is herein expressly stated 

and clearly agreed to. T he parties further agree and understand that the award described in this 

stipulation may reflect a compromi se of the parti es· respecti ve 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 th is agreement. 

18. This Stipulation shall not be construed as an admiss ion by the United States or the 

4 
Secretary of Health and Human ervices that the vaccines either caused or signi ficantl y 

aggravated IH"s alleged medical condition or any other injury. 

19. A ll rights and obligations of petitioner hereunder shall apply equally to pet itioner's 

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

END OF STIPULATION 

5 
<00:90-1W8) wda £ : ~ g~oG1 ~01 £0 

Rcspoctfully submitted, 

PETITIONER: 

AITORNRY OF RECORD FOR 

PETITJONER: 

MICHAEL 

Blaclc 

Jl#McLaren 

G:MCiARE 

Jones Ryllmd & Griff

~ ;/

~ · 530 Oak Court Drive, Suite 360 

Memphil, TN 38117 

(901) 762--0535 

AUTHORIZ..ED REPRESENTATIVE 

OFTHESECRETARYOFHEALTB 

AND HUMAN SK CES: 

Acting Director, Division of Injury 

Compensation ProiJ1UDB (DlcP) 

Healthcare Systems Bureau 

U.S. Departtncut of Health and 

Human Servicea 

5600 Fillher& Lane 

Padc.Ulwn Building, Mail Stop 08Nl46B 

Rockville. MD 20857 

Doted' fa 1 +lr h l 

6 

d 

AUTHORIZED REPRESENTATIVE 

OF 11lE AITORNEY GENERAL: 

VINCENT 

!£~~-~ J. MA ANOSKl 

Deputy Director 

Torn Branch 

Civil Division 

U.S. Dcpa.rtmoot of Jwtice 

P.O. Box 146 

Benjamin Fmnklin Station 

W ashiu.gton, DC 2Q044.0146 

ATTORNEY OF RECORl> FOR 

RESPONDENT: 

DARRYL R. WISHARD 

Smiior Trial Attorney 

Tot1s Bnmch 

Civil Division 

U.S. Department of Justice 

P.O. Sox 146 

Benjamin Franklin Station 

W11shingl0n. DC 20044--0146 

{202) 616-4357 

5Z: t> 199E 105