In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-1012V

UNPUBLISHED

KATHLEEN BUDDE,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: July 6, 2021

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Guillain-Barre 

Syndrome (GBS)

Stefan Bjorn Feidler, Anastopoulo Law Firm, Charleston, SC, for Petitioner.

Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On July 15, 2019, Kathleen Budde filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

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(the 

“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) 

which meets the definition for Table GBS and was caused-in-fact by the influenza (“flu”)

vaccine she received on October 10, 2018. Petition at 1 ¶¶ 2, 10, 12; Stipulation, filed at

July 6, 2021, ¶¶ 1-2, 4. Petitioner further alleges she received the vaccine in the United 

States, that she suffered the residual effects of her injury for more than six months, and 

that neither she nor any other person has filed a civil action or received compensation for 

her injury. Petition at ¶¶ 2, 11, 13; Stipulation at ¶¶ 3-5. “Respondent denies that 

[P]etitioner suffered a Table injury for GBS, denies that the vaccines either caused or 

significantly aggravated [P]etitioner’s alleged injuries or any other injury, and denies that 

[P]etitioner’s current disabilities are the result of a vaccine-related injury.” 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1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
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Nevertheless, on July 6, 2021, 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 $90,000.00 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 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 COURT OF FEDERAL CLAIMS 

OFFICE OF SPECIAL MASTERS 

KATHLEEN BUDDE, 

Petitioner, 

V. 

SECRETARY OF HEALTH 

AND HUMAN SERVICES, 

Respondent. 

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No. 19-1012V ECF 

Chief Special Master Corcoran 

STIPULATION 

The parties hereby stipulate to the following matters: 

1. Petitioner, Kathleen Budde, filed a petition for vaccine compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine 

Program"). She later filed an amended petition. The petition and amended petition seek 

compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, 

which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 

2. On February 5, 2018, petitioner received the flu vaccine, and on October 10, 2018, 

petitioner again received the flu vaccine. 

3. The flu vaccines received by petitioner were administered within the United States. 

4. Petitioner alleges that, as a result of receiving each of the flu vaccines as stated 

above, she sustained the onset of Guillain-Barre syndrome ("GBS") within the time period set 

forth in the Table, and that she experienced residual effects of the alleged injury for more than 

six months following each vaccine administration. 

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5. Petitioner represents that there has been no prior award or settlement of a civil action 

for damages as a result of her alleged injuries. 

6. Respondent denies that petitioner suffered a Table injury for OBS, denies that the 

vaccines either caused or significantly aggravated petitioner's alleged injuries or any other 

injury, and denies that petitioner's current disabilities are the result of a vaccine-related injury. 

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-21(a)(l), the Secretary of Health and Human 

Services will issue the following vaccine compensation payment: 

A lump sum of $90,000.00, in the form of a check payable to petitioner. 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 receive compensation pursuant to 

42 U.S.C. Section 300aa-2l(a)(l), and an application, the parties ,~,m submit to further 

proceedings before the special master to award reasonable attorneys' fees and costs incurred in 

proceeding upon this petition. 

10. Petitioner and her attorney 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 

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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. 

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-l 5(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 attorneys' fees and litigation costs, and past unreimbursed expenses, 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. § 300aa-l 5(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 her 

individual capacity and on behalf of her 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, 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 Court of Federal Claims, under 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, the vaccines administered on February 5, 2018, and on October 

I 0, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about July 

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15, 2019, and the amended petition filed on or about December 30, 2019, in the United States 

Court of Federal Claims at Docket No. 19-1012V. 

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 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 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 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 compromise 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 Stipulation shall not be construed as an admission. by the United States or the 

Secretary of Health and Human Services that petitioner sustained a Table injury for GBS, or that 

a vaccine either caused or significantly aggravated petitioner's alleged injury or any other injury. 

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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Respectfully submitted, 

PETITIONER: 

ATTORNEY OF RECORD FOR 

PETITIONER: 

Anas opoulo aw Firm, LLC 

32 Ann Street 

Charleston, SC 29403 

Tel: 843-614-8888 

AUTHORIZED REPRESENTATIVE 

OF THE SECRETARY OF HEALTH 

AND HUMAN SERVICES: 

&/Jrz;,~~RB~c,I A/JM,rr 

Acting Director, Division oflnjury 

Compensation Programs 

Healthcare Systems Bureau 

Health Resources and Services 

Administration 

U.S. Department of Health 

and Human Services 

5600 Fishers Lane, 08Nl46B 

Rockville, MD 20857 

Dated: O -:r/ Ob f-ze.z I 

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AUTHORIZED REPRESENTATIVE 

OF THE ATTORNEY GENERAL: 

~~ \L 9e~ 

HEATHER L. PEARLMAN 

Acting 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 

RESPONDENT: 

1)a~ \(_ ~a.Act 

~ ~ -~L?ecJA---

DARRYLR. WISHARD 

Assistant Director 

Torts Branch 

Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station 

Washington, DC 20044-0146 

Tel: (202) 616-4357 

darryl. wishard@usdoj.gov