VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01526
Package ID: USCOURTS-cofc-1_17-vv-01526
Petitioner: Tawnya Montano
Filed: 2021-12-21
Decided: 2022-03-14
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: Guillain-Barré syndrome (GBS) or chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 164310

AI-assisted case summary:
Tawnya Montano filed a petition on December 21, 2021, alleging that she suffered Guillain-Barré syndrome (GBS) or chronic inflammatory demyelinating polyneuropathy (CIDP) as a result of an influenza vaccine she received on October 22, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's GBS, CIDP, or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation. The court reviewed the stipulation and found it to be reasonable, adopting it as its decision. The stipulation awarded Tawnya Montano a lump sum of $164,310.70 for first-year life care expenses and pain and suffering. Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future expenses, including Medicare Part B deductible, Baclofen, crutch, shower, and ramp expenses, Medicare Supplement G and Part D premiums, and Assistance for Community Access expenses. These annuity payments are to be made for the remainder of Petitioner's life, increasing at 3% compounded annually. In exchange for these payments, Petitioner irrevocably released the United States and the Secretary from any claims related to the flu vaccination. The decision was entered on March 14, 2022.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01526-0
Date issued/filed: 2022-03-14
Pages: 10
Docket text: PUBLIC RULING (Originally filed: 12/21/2021) regarding 60 DECISION: Stipulation. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made.
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Case 1:17-vv-01526-UNJ Document 64 Filed 03/14/22 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1526V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
TAWNYA MONTANO,
*
* Filed: December 21, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) Vaccine; Guillain-Barré
SECRETARY OF HEALTH AND * syndrome (“GBS”); Chronic
HUMAN SERVICES, * Inflammatory Demyelinating
*
* Polyneuropathy (“CIDP”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
David C. Richards, Christensen & Jensen, P.C., Salt Lake City, UT for Petitioner
Sarah C. Duncan, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On October 13, 2017, Tawnya Montano (“Petitioner”) filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioner alleges that she suffered from Guillain-Barré syndrome
(“GBS”) or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the
influenza (“flu”) vaccine she received on October 22, 2014. See Stipulation ¶ 2, 4, dated December
21, 2021 (ECF No. 59); see also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
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). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.
1

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Respondent denies “that Petitioner sustained a GBS Table injury and denies that the flu
vaccine caused petitioner to suffer from GBS, CIDP, or any other injury or her current condition.”
See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions,
agreed in a stipulation dated December 21, 2021 that the issues before them can be settled and that
a decision should be entered awarding Petitioner compensation. ECF No. 59.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
1. A lump sum of $164,310.70, which amount represents compensation for first year
life care expenses and pain and suffering, in the form of a check payable to
Petitioner; and
2. An amount sufficient to purchase the annuity contract described in ¶ 10 of the
Stipulation.
Accordingly, pursuant to 42 U.S.C. § 300aa-15(f)(4), I order respondent to purchase, and
take sole and exclusive ownership of an annuity contract,3 as described below:
The Life Insurance Company must meet the following criteria:
1. Have a minimum of $250,000,000 of capital and surplus, exclusive of any mandatory
security valuation reserve; and
2. have one of the following ratings from two of the following rating organizations:
a) A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b) Moody’s Investor Service Claims Paying Rating: Aa3, Aa2, Aa1, or Aaa;
c) Standard and Poor’s Corporation Insurer Claims-Paying Ability Rating: AA-, AA,
AA+, or AAA;
d) Fitch Credit Rating Company, Insurance Company Claims-Paying Ability Rating:
AA-, AA, AA+, or AAA.
The parties have agreed that the Life Insurance Company will make the following
payments periodically to petitioner:
a. For future unreimbursable Medicare Part B Deductible, Baclofen, Forearm Crutch,
Hand Held Shower, and Ramp expenses, beginning on the first anniversary of the date
of judgement, an annual amount of $289.09 to be paid for the remainder of petitioner’s
life, increasing at the rate of three percent (3%) compounded annually from the date of
judgment;
3 To satisfy the conditions set forth herein, in respondent’s discretion, respondent may purchase one or more
annuity contracts from one or more life insurance companies.
2

Case 1:17-vv-01526-UNJ Document 64 Filed 03/14/22 Page 3 of 10
b. For future unreimbursable Medicare Supplement G and Medicare Part D Premium
expenses, beginning on the first anniversary of the date of judgment, an annual amount
of $2,704.20 to be paid for the remainder of Petitioner’s life, increasing at the rate of
three percent (3%), compounded annually from the date of judgment; and
c. For future unreimbursable Assistance for Community Access expenses, beginning on
the first anniversary of the date of judgment, an annual amount of $4,175.52, to be paid
for the reminder of Petitioner’s life, increasing at the rate of three percent (3%),
compounded annually from the date of judgment.
Stip. ¶ 10. The parties have also stipulated that the periodic payments set forth above may be
provided to Petitioner in monthly, quarterly, annual, or other installments. The annual amounts set
forth above describe only the total yearly sum to be paid to Petitioner and do not require that the
payment be made in one annual installment. Id.
The parties have stipulated that Petitioner will continue to receive annuity payments from
the Life Insurance Company only so long as she, Tawnya Montano, is alive at the time that a
particular payment is due. Stip. ¶ 10. Written notice shall be provided to the Secretary of Health
and Human Services and the Life Insurance Company within twenty (20) days of Tawnya
Montano’s death. Id.
This award represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). In return for the payments described in paragraphs 8 and 10 of the
Stipulation, 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 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 Court of Federal Claims. under the National Vaccine
Injury Compensation Program, 42 U.S.C. § 300aa-l0 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 her flu vaccination administered on
October 22, 2014. Stip. ¶ 16.
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.4
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
3

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