# In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 15-0849V Filed: December 3, 2015 UNPUBLISHED

* * * * * * * * * * * * * * * * * * * * * * * * * * * * ERIC HOEGNER, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; Guillain- * Barré Syndrome (“GBS”); Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah VaSahnja Durant, Law Offices of Leah V. Durant, Washington, DC, for petitioner

. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent

. DECISION ON J OINT STIPULATION 1
Dorsey , Chief Special Master: On August 10, 2015, Mr. Hoegner fil ed a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq.
, 2 [the “Vaccine Act”]. Petitioner alleges that he suffered Guillain Barré Syndrome (“GBS”) as a result of an influenza (flu) vaccine he re ceived on January 13, 2015. Petition at 1; Stipulation, filed 12/2/2015, ¶ 4. Petitioner further alle ged that he experienced the residual effects of this injury for more than si x months. Petition at 3; Stipulation ¶ 4. “Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or any other injury or his current co ndition. ” Stipulation, ¶ 6.
Nevertheless, on December 2, 2015, t he parties filed the attached joint stipulation (Appendix A), st ating that a decision should be entered awarding compensation. The undersigned finds the sti pulation reasonable a nd adopts it as the decision of the Court in awarding dam ages on the terms set forth therein.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Cour t of Federal Claims' website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-3 47, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other inform ation, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, t he undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Ac t will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 The parties stipulate that petitioner s hall receive the following compensation: A lump sum of $150,000.00, in the form of a check payable to petitioner

. Stipulation, ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Id

. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Append ix B, the clerk of the court is directed to enter judgm ent in accordance with this decision. 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 c an 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

____________________________________ ) ERIC HOEGNER , ) ) Petitioner, ) ) No. 15

- 849 V
v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________)

STIPULATION
The parties hereby stipulate to the following matters:

1. Eric Hoegner , petitioner, filed a petitio n 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 vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”),

42 C.F.R. § 100.3 (a).

2. Petitioner received the influenza immunization on January 13, 2015

.
3. The vaccination was administered within the United States.
4. Petitioner alleges that h e su ffered from G uillai n

- Barré Syndrome (“GBS”) as a result

of receiving the influenza vaccine and that he experienced 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 h is condition.

6. Res pondent denies that the influenza vaccine caused petitioner to suffer from GBS or2 any other injury or his current condition

. 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 re ceive compensation
pursuant to 42 U.S.C. § 300aa

- 21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment: A lump sum of $ 150 ,000 .00 in the form of a check payable to petitioner. This amount represents com pensation 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)(1), 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.

10. Petitioner and h is attorn ey 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
under 42 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 basis.3 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa

15(i), subject to the availability of sufficient statutory funds.

12. T he parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitione r as contemplated by a
strict construction of 42 U.S.C. § 300aa

- 15(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 h is
individual capacity, and o n behalf of h is 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 actio n (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 Court of Federal Claims, under the National Vacci ne Injury Compensation
Program, 42 U.S.C. § 300aa

- 10 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 influenza vaccination administered on January 13,

2015 , as alleged by petitioner in a petition for vaccine compensation filed on or about August 10,

2015 , in the United States Court of Federal Claims as petition No. 15

- 849 V.
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.4 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 enter judgment in 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 par ty. 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 agr eement 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. The parties further agree and understand that the award described in this
Stipulation may reflect a comprom ise of the parties’ respective 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 this agreement.

17. This Sti pulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner ’ s GBS or any other injury or his current condition

. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

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