VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01922 Package ID: USCOURTS-cofc-1_17-vv-01922 Petitioner: Estate of Meri E. Boatman Filed: 2017-12-11 Decided: 2022-06-30 Vaccine: influenza Vaccination date: 2016-11-05 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Steven S. Mills, as personal representative of the Estate of Meri E. Boatman, filed a petition on December 11, 2017, alleging that Meri E. Boatman received an influenza vaccine on November 5, 2016. The petition claimed that Ms. Boatman subsequently suffered from Guillain-Barré syndrome (GBS) and passed away as a result of this vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Boatman's GBS or her death. Despite maintaining their respective positions, the parties reached a stipulation to settle the issues. The stipulation provided for a lump sum award of $40,000.00, payable to petitioner as legal representative of the Estate of Meri E. Boatman, representing compensation for all damages. Special Master Thomas L. Gowen issued a decision on stipulation on June 30, 2022, and judgment was entered in accordance with the stipulation. Petitioner counsel was Leah V. Durant. Respondent counsel was Andrew Henning. Theory of causation field: Petitioner alleged that Meri E. Boatman received an influenza vaccine on November 5, 2016, and subsequently developed Guillain-Barré syndrome (GBS) and died as a result. Respondent denied the vaccine caused the GBS or death. The parties stipulated to a settlement. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the petitioner's claim or the respondent's denial. A lump sum award of $40,000.00 was granted to the Estate of Meri E. Boatman. The decision was issued by Special Master Thomas L. Gowen on June 30, 2022. Petitioner was represented by Leah V. Durant, and respondent by Andrew Henning. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01922-0 Date issued/filed: 2022-08-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/30/2022) regarding 71 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (slw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 30, 2022 * * * * * * * * * * * * * STEVEN S. MILLS, as * personal representative of the * Unpublished Estate of Meri E. Boatman, * * Petitioner, * No. 17-1922V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Guillain Barré Syndrome (“GBS”); * Influenza (“flu”). Respondent. * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, Washington, D.C., for petition. Andrew Henning, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On December 11, 2017, Steven S. Mills, as personal representative of the Estate of Meri E. Boatman (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that as a result of Ms. Meri Boatman receiving an influenza (“flu”) vaccine on November 5, 2016, she suffered from Guillain-Barré syndrome (“GBS”) and passed away as a result of her vaccine related injury. Id.; Stipulation (ECF No. 70). 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 2 of 7 On June 30, 2022, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation. Respondent denies that the flu vaccine is the cause of Ms. Boatman’s GBS or her death. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: a) A lump sum of $40,000.00 in the form of a check payable to petitioner as legal representative of the Estate of Meri E. Boatman. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- 15(a). Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 3 of 7 Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 4 of 7 Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 5 of 7 Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 6 of 7 Case 1:17-vv-01922-UNJ Document 75 Filed 08/15/22 Page 7 of 7