VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00098
Package ID: USCOURTS-cofc-1_13-vv-00098
Petitioner: Richard T. Dahl
Filed: 2013-02-05
Decided: 2017-04-20
Vaccine: influenza
Vaccination date: 2011-11-02
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 273000

AI-assisted case summary:
Richard T. Dahl, by his mother and legal guardian Carrie Barth, filed a petition for vaccine compensation on February 5, 2013. The petition alleged that an influenza vaccine administered on November 2, 2011, caused Richard to develop Guillain-Barré Syndrome (GBS) and other adverse injuries, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Richard's GBS or any other injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The award included a lump sum of $25,000.00 to reimburse the State of Minnesota Department of Human Services for a medical lien, payable jointly to petitioner and the Minnesota Department of Human Services. An additional lump sum of $248,000.00 was awarded, payable to Carrie Barth as guardian/conservator of Richard Dahl's estate, representing compensation for all other damages. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the influenza vaccine. The stipulation also addressed future proceedings for attorneys' fees and costs. The parties released the United States from further claims related to the vaccination in exchange for the compensation. Petitioner counsel was Kate G. Westad of Larkin Hoffman, et al. Ltd., and respondent counsel was Linda S. Renzi of the U.S. Department of Justice. The decision was issued on April 20, 2017.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on November 2, 2011, caused Richard T. Dahl to develop Guillain-Barré Syndrome (GBS) and other adverse injuries with residual effects lasting more than six months. Respondent denied causation. The case proceeded as a Table claim, as GBS is a condition listed on the Vaccine Injury Table for the influenza vaccine. The parties reached a joint stipulation to settle the case, with Special Master Christian J. Moran adopting the stipulation. The award totaled $273,000.00, consisting of $25,000.00 for a medical lien reimbursement and $248,000.00 as a lump sum for all other damages. Petitioner was represented by Kate G. Westad, and respondent was represented by Linda S. Renzi. The decision was issued on April 20, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00098-1
Date issued/filed: 2017-04-20
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 3/24/17) regarding 94 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
RICHARD T. DAHL, by his legal *
guardian, * No. 13-098V
CARRIE BARTH, mother *
*
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 24, 2017
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Kate G. Westad, Larkin Hoffman, et al. Ltd., Minneapolis, MN, for Petitioner;
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 24, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by Carrie Barth, as mother and legal guardian of
Richard T. Dahl, on February 5, 2013. In her petition, petitioner alleged that the
influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. §100.3(a), and which Richard received on November 2, 2011, caused
Richard to suffer Guillain-Barré Syndrome (“GBS”), and other adverse injuries.
Petitioner further alleges that Richard suffered the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on Richard’s behalf as a result of his
condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 2 of 9
Respondent denies that the influenza vaccine caused Richard to suffer GBS
or any other injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. A lump sum of $25,000.00, for reimbursement to the State of
Minnesota Department of Human Services for the Medical Lien,
in the form of a check payable jointly to petitioner and
Attn: Britt M. Graupner
Tort Recovery Unit Manager
Benefit Recovery Section
Minnesota Department of Human Services
P.O. Box 64994
St. Paul, MN 55164-0994
Petitioner agrees to endorse this payment to the Minnesota
Department of Human Services.
b. A lump sum payment of $248,000.00 in the form of a check
payable to petitioner, as guardian/conservator of Richard Dahl’s
estate.
This amount represents compensation for all damages that would
be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-098V according to this decision
and the attached stipulation.2
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 3 of 9
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
3

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 4 of 9
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
RICHARD T. DAHL, by his legal guardian, )
CARRIE BARTH, mother, ) ECF
) No. 13-98V
Petitioner, ) Special Master Moran
V. )
)
SECRETARY OF HEALT H )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Carrie Barth, as mother and legal guardian of Richard T. Dahl, ("'petitioner") filed a
petition for vaccine compensation under the ational Vaccine Injury Compensation Program. 42
U. .C . § 300aa-IO to 34 (the ·'Vaccine Program .. ). The petition seeks compensation for
Richard·s injuries allegedly related to the seasonal influenza ("'Ou") vaccine, which vaccine is
contained in the Vaccine Injury Table (the "Table'"), 42 C.F.R. § I 00.3 (a).
2. Richard received his vaccination on November 2, 2011.
3. The vaccination was administered within the United States.
4. Petitioner alleges that Richard suffered Guillain-Barre Syndrome ("GBS .. ), and other
adverse injuries as a result of the vaccine, and that Richard experienced the residual effects 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 damage on Richard·s behalf as a result of his condition.
6. Respondent denies that Richard suffered GBS or any other injury as the result of his
November 2, 2011 flu vaccination. and denies that his current condition is the sequela of his

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 5 of 9
alleged vaccine 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 tipulation. and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § JOOaa-21( a)( I), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of$25.000.00, for reimbursement to the State of Minnesota
Department of Human Services for the Medical Lien, in the form of a check
payable jointly to petitioner and
/\ttn.: Britt M. Graupner
Tort Recovery Unit Manager
Benefit Recovery Section
Minnesota Department of Human Services
P.O. Box 64994
St. Paul. MN 55164-0994
Petitioner agrees to endorse this payment to the Minnesota Department of Human
Services.
b. A lump sum of $248,000.00 in the form of a check payable to petitioner, as
guardian/conservator of Richard Dahl's estate.
This amount represents compensation for all remaining damages that would be
available under 42 U.S.C. § 300aa-l 5(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-2 I (a)( I), and an application, the parties wi II submit to further proceed in gs
before the special master to award reasonable attorneys· fees and costs incurred in proceeding
upon this petition.
2

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 6 of 9
I 0. Petitioner and her attorney represent that they have identified to respondent al I
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(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 el seq.)). or entities that provide health services on a pre-paid basis.
11. Payments 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-I 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 altorneys· fees and litigation costs. and past unreimbursed expenses. the money provided
pursuant to this Stipulation will be used solely for the benefit of Richard 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-I 5(g) and (h).
13. Petitioner represents that she presently is, or within 90 days of the date ofj udgment
will become, duly authorized to serve as guardian/conservator of Richard Dahl"s estate under the
laws of the State of Minnesota. No payment pursuant to this Stipulation shal I be made unti I
petitioner provides the Secretary with documentation establishing her appointment as
guardian/conservator of Richard· s estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as guardian/conservator of the estate of Richard Dahl at the time a payment
pursuant to this tipulation is to be made, any such payment shall be paid to the party or parties
appointed by a court of competent jurisdiction to serve as guardian/conservator of the estate of
Richard Dahl upon submission of written documentation of such appointment to the Secretary.
3

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 7 of 9
14. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and as legal guardian/conservator of Richard, on behalf of herself, Richard,
and Richard's 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 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 Cou11
of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. §
JOOaa-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 Richard resulting from. or alleged to
have resulted from the flu vaccination adm in istcred to Richard on November 2, 20 I I, as a Il eged
by petitioner in a petition for vaccine compensation filed on or about February 5, 2013, in the
United States Court of Federal Claims as petition o. l 3-98V and amended on June 2, 2016.
15. If Richard should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
16. 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.
17. 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 otherwi e 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
4

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 8 of 9
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 fu11her, 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.
18. 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 Richard to suffer GBS or
any other injury or condition.
19. All rights and obligations of petitioner hereunder shall apply equally to petitioner_.
heirs, executors. administrators, successors, and/or assigns as legal guard ian/conscrvator of
Richard Dahl.
END OF STIPULATION
5

Case 1:13-vv-00098-UNJ Document 98 Filed 04/20/17 Page 9 of 9
Respectfully submitted,
Legal Guardian ofRTCHARD DAHL
ATTORNEY OF llECOllD F01
PF,TJTIONim:
Tl RINE TI. REEVES
Deputy Director
To1is Branch
8300 Norman Center Drive, Suite I 000 Civil Division
Minneapolis, MN 55437-1060 U.S. Department of Justice
(952) 896-3227 P.O. Dox 146
Benjamin Franklin Stu!ion
Washington, DC 20044-0 I 46
ATTORNEY OF RECORD FOR
RESPONDl£NT:
2.? ·
~do.A
?:)
,M.D. LINDA S. RENZI
Director, Division orinjury Compensation Senior Trial Counsel
Programs (DJCP) To1is Branch
Healthcare Systems Bureau Civil Division
I lea Ith Resources and Services Administration U.S. Department of.Justice
U.S. Departmelll of Health and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Purklawn Building, Mail Slop 08N I4 6B Washington, DC 20044-0146
Rockville, Ml) 20857 (202) 616-4133
s