# In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS

No. 17 - 1251 V UNPUBLISHED

STUART WEAVER ,

Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran Filed: April 7, 2020
Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza (Flu) Vaccine; Guillain

- Barre Syndrome (GBS)
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC , for petitioner. Debra A. Filteau Begley , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1 On September 14, 2017 , Stuart Weaver 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 the Miller

- Fisher variant of Guillain

Barré syndrome which both meets the Table definition for GBS and was causally related to the influenza vaccine he received on December 8, 2014 . Petition at ¶ ¶ 4, 7, 10 ; Stipulation , filed Apr

. 7, 2020 , at ¶ ¶ 1

- 2, 4

. Petitioner further alleges th at he received the vaccination in the Un ited States, that he su ffered the residual effects of his GB S for more than six months, and that neither he nor any other individual has filed a civil action or received compensation for his GBS . Petit ion at ¶ ¶ 4, 9, 12

- 13 ; Stipulation at ¶¶ 3

- 5

. “ Respondent denies that petitioner has satisfied the Table requirements for a

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in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 E

Government 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 “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

GBS/MFV claim, tha t his alleged GBS/MFV, or any other injury, was caused

- in

- fact by a flu vaccination, and that petitioner’s condition persisted for at least six months. ” Stipulation at ¶ 6. Nevertheless, o n April 7, 2020 , 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 term s stated in the attached Stipulation , I award the following compensation: A lump sum of $ 75,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages that wo uld be available under § 15 (a). Id

. I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the 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 CO URT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
************************************* STUART WEAVER, * * Petitioner, * No. 17-1251V * Chief Special Master Corcoran v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES , * * Respondent. * *************************************
STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner 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 inju ries allegedly related to petiti oner’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 immunization on December 8, 2014. 3. The vaccine was administered within the United States. 4. Petitioner alleges that he developed th e first symptom or manifestation of the onset of Guillain-Barré Syndrome – Miller Fisher variant (“GBS/ MFV”) within the time period set forth in the Table. Altern atively, petitioner alleges that hi s GBS/MFV was caused-in-fact by a flu vaccine. He further alleges that he has expe rienced residual effects of this injury for more than six months.2 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. 6. Respondent denies that petitioner has satisfied the Table requirements for a GBS/MFV claim, that his alleged GBS/MFV, or any other injury, was ca used-in-fact by a flu vaccination, and that petitioner’s condition persisted 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 paragr aph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipul ation, and after petitioner has filed an election to receive 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 $75,000.00 in the form of a ch eck payable to petiti oner. This amount represents 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 r eceive 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 at torneys’ fees and cost s incurred in proceeding upon this petition. 10. Petitioner and his 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 a ny State compensation programs, in surance policies, Federal or3 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. 11. Payment made pursuant to paragraph 8 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 suff icient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys’ fees and litigation costs, and past unrei mbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benef it of petitioner as contemplated by a strict constr uction 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 his individual capacity and on behalf of his heirs, executors, admini strators, successors or assigns, does forever irrevocably and uncondi tionally release, acquit and di scharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damage s, loss of services, e xpenses and all demands of whatever kind or natu re) that have been brought, could ha ve been brought, or could be timely brought in the Court of Federal Claims, unde r the National Vaccine 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, a fl u vaccination administered on December 8, 2014, as alleged by petitioner in a petition for vaccine compensation filed on or about September 14, 2017, in the United States Court of Fe deral Claims as petition No. 17-1251V.4 14. If petitioner should die prior to entr y of judgment, this agreement shall be voidable upon proper notice to the Court on beha lf of either or both of the parties. 15. If the special master fa ils to issue a decision in co mplete 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 Stipul ation, then the parties’ settlement and this Stipulation shall be voida ble at the sole discre tion of either party. 16. This Stipulation expresses a full and co mplete negotiated sett lement of liability and damages claimed under the National Child hood 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 to do any act or thing other th an is herein expressly stated and clearly agreed to. The parties furthe r agree and understand that the award described in this Stipulation may reflect a compromise of the pa rties’ 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 Stipulation shall no t be construed as an admission by the United States or the Secretary of Health and Human Se rvices that petitioner has satisfi ed the Table requirements for a GBS/MFV claim, that his alleged GBS/MFV, or any other injury, was ca used-in-fact by a flu vaccination, or that petitioner’s conditi on persisted for at least six months. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, su ccessors, and/or assigns.
END OF STIPULATION
/ / / /:,
' · Respectfully submitted, 

### PETITIONER:

STUART WEA VER

Maglio, Christopher & Toale, P.A. 1015 15 th St. NW, Suite 1125 Washington, DC 20005 (888) 952-5242



### AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALm AND HUMAN SERVICES:

TAMARA OVERBY Acting Director Division of Injury Compensation Programs Healthcare Systems Bureau U.S. Department of Health 5600 Fishers Lane Parklawn Building, Mail Stop 08N 1468 Rockville, MD 20857

Dated:

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# '7 / J.-0

5 

### AUTHORIZED REPRESENTATIVE OF HE ATTORNEY GENERAL: 

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- --......=..;;,,,-- RINEE.REEVES Deputy Director Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 

### ATTORNEY OF RECORD FOR

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# v__ DEBRA~GLEY Senior Trial Attorney Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 (202) 616-4181