VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01711
Package ID: USCOURTS-cofc-1_18-vv-01711
Petitioner: A.K.G.
Filed: 2018-11-05
Decided: 2020-05-27
Vaccine: influenza
Vaccination date: 2015-12-29
Condition: optic neuritis
Outcome: compensated
Award amount USD: 185734

AI-assisted case summary:
Michael and Allison Gresham, as parents and legal representatives of their minor child A.K.G., filed a petition for vaccine compensation on November 5, 2018. They alleged that A.K.G. developed optic neuritis after receiving an influenza vaccine on or about December 29, 2015, and suffered residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table, and the case proceeded as a Table claim. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused A.K.G.'s alleged injury or any other injury. Despite maintaining their positions, the parties agreed to a joint stipulation to resolve the disputed claim. Special Master Christian J. Moran reviewed the stipulation and found it to be a fair, just, and reasonable compromise in the best interest of the minor. The court approved the settlement, awarding a total of $185,734.05. This amount included a lump sum of $5,734.05 to reimburse a lien from Optum Subrogation Services, payable jointly to the petitioners and Optum, Inc. The remaining $180,000.00 was designated to purchase an annuity contract for A.K.G.'s benefit. This annuity will provide a lump sum payment of $199,616.29 on March 26, 2026. The purchase price of the annuity is fixed at $180,000.00, with the lump sum payment adjusted to ensure this cost. If A.K.G. predeceases the payment date, the lump sum will be paid to her estate. The annuity contract is owned by the Secretary of Health and Human Services, and the United States and the Secretary are released from further obligations regarding future annuity payments upon its purchase. The settlement also allows for future proceedings to award reasonable attorneys' fees and costs. Petitioners were represented by Susan M. Cremer of the Law Offices of Michael Lawson Neff, PC, and respondent was represented by Claudia B. Gangi of the U.S. Department of Justice. The decision was issued by Special Master Christian J. Moran on May 27, 2020.

Theory of causation field:
Petitioners Michael and Allison Gresham alleged that their minor child, A.K.G., suffered optic neuritis following receipt of an influenza vaccine on December 29, 2015. The influenza vaccine is listed on the Vaccine Injury Table. Petitioners alleged residual effects for more than six months. Respondent denied causation. The parties entered into a joint stipulation for settlement. Special Master Christian J. Moran approved the stipulation, finding it a fair and reasonable compromise. The award included $5,734.05 for a lien reimbursement to Optum Subrogation Services and $180,000.00 to purchase an annuity for A.K.G.'s benefit, which will provide a lump sum of $199,616.29 on March 26, 2026. The total award was $185,734.05. Petitioners' counsel was Susan M. Cremer, and respondent's counsel was Claudia B. Gangi. The decision date was May 27, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01711-0
Date issued/filed: 2020-05-27
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 4/29/2020) regarding 37 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (abs) Service on parties made.
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
MICHAEL GRESHAM and *
ALLISON GRESHAM, as Parents, * No. 18-1711V
Natural Guardians and Next Friends *
Of A.K.G., a minor, *
* Special Master Christian J. Moran
Petitioner, *
* Filed: April 29, 2020
v. *
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine
AND HUMAN SERVICES, * optic neuritis
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Susan M. Cremer, Law Offices of Michael Lawson Neff, PC, Atlanta, GA, for
Petitioners;
Claudia B. Gangi, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On April 28, 2020, the parties filed a joint stipulation concerning the petition
for compensation filed by Michael and Allison Gresham on behalf of their child,
A.K.G., on November 5, 2018. In their petition, petitioners alleged that A.K.G.
developed optic neuritis after receiving the influenza vaccine, which is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on December 29,
2015. Petitioners further allege that A.K.G. suffered the residual effects of this
injury for more than six months. Petitioners represent that there has been no prior
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 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 2 of 10
award or settlement of a civil action for damages on his behalf as a result of his
condition.
Respondent denies that the vaccine either caused A.K.G. alleged injury or
any other injury. Nevertheless, the parties agree to the joint stipulation, attached
hereto.
Based upon the entire record in this case, the court finds that the settlement
is a fair, just and reasonable compromise of a disputed claim and is the best interest
of the minor A.K.G. The court hereby approves the settlement as a court in which
the action is pending, pursuant to O.C.G.A. § 29-3-3(e).
Pursuant to the terms of the joint stipulation, the settlement proceeds will be
allocated for payment of a lien in the amount of $5,734.05 to Optum Subrogation
Services, and all other settlement proceeds will be utilized to purchase annuities for
the benefit of the minor A.K.G., who will not receive any portion thereof until she
reaches the age of majority. Accordingly, no bond or conservatorship is required.
O.C.G.A. § 29-3-3(h); Griffin v. Acadia Healthcare Company, Inc. et al., 2015 WL
5321002 (N.D. Ga. July 20, 2015).
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 are:
a. A lump sum of $5,734.05, which amount represents reimbursement of a
lien for services rendered on behalf of A.K.G., in the form of a check
payable jointly to petitioners and Optum, Inc., and mailed to:
Optum Subrogation Services
Attn: Debbie Persson
75 Remittance Drive, Suite 6019
Chicago, IL 60675-6019
Optum File#: SN20795351
Petitioners agree to endorse this check to Optum, Inc.
b. An amount of $180,000.00 to purchase the annuity contract described in
paragraph 10 of the stipulation, paid to the life insurance company from
which the annuity will be purchased.
2

Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 3 of 10
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 18-1711V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
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.
3

Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 4 of 10
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MICHAEL GRESHAM and ALLISON )
GRESHAM, as Parents, Natural )
Guardians and Next Friends of A.K.G., )
ammor, )
)
Petitioner, ) No. 18-1711V
) Special Master Moran
v. ) (ECF)
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. On behalf of their daughter, A.K.G., petitioners 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 injuries allegedly related
to A.K.G.'s receipt of the flu vaccine, which vaccine is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.3 (a).
2. A.K.G. received her flu immunization on or about December 29, 2015.
3. The vaccine was administered within the United States.
4. Petitioners allege that A.K.G. suffered optic neuritis as a result of her immunization.
Petitioners further allege that A.K.G. experienced the residual effects of this injury for more than
six months.
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 5 of 10
5. Petitioners represent that there has been no prior award or settlement of a civil action
for damages on behalf of A.K.G. as a result of her alleged condition.
6. Respondent denies that A.K.G. suffered optic neuritis as a result of her flu
immunization, and denies that the flu vaccine caused her any other 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 petitioners have filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $5,734.05, which amount represents reimbursement of a lien for
services rendered on behalf of A.K.G., in the form of a check payable jointly to
petitioners and Optum, Inc., and mailed to
Optum Subrogation Services
Attn: Debbie Persson
75 Remittance Drive, Suite 6019
Chicago, IL 60675-6019
Optum File#: SN20795351
Petitioners agree to endorse this check to Optum, Inc.
b. An amount of $180,000.00 to purchase the annuity contract described in paragraph 10
below, paid to the life insurance company from which the annuity will be purchased (the
"Life Insurance Company").
These amounts represent compensation for all damages that would be available under 42
U.S.C. §300aa-15(a).
9. The Life Insurance Company must have a minimum of $250,000,000.00 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 6 of 10
must 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, Aal, 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.
10. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of A.K.G., pursuant to which the Life Insurance
Company will agree to make a lump sum payment to A.K.G. for all damages that would be
available under 42 U.S.C. §300aa-15(a), as follows:
a. $199,616.29 payable in a certain lump sum on March 26, 2026.
The purchase price of the annuity described in this paragraph shall neither be greater than nor
less than $180,000.00. In the event that the cost of the lump sum annuity payment set forth
above varies from $180,000.00, the lump sum payment on March 26, 2026, listed above shall be
adjusted to ensure that the total cost of the annuity is neither less nor greater than $180,000.00.
Should A.K.G. predecease the payment of the certain lump sum set forth above, the certain lump
sum payment shall be made to her estate. However, written notice to the Secretary of Health and
Human Services and the Life Insurance Company shall be provided within twenty (20) days of
A.K.G.'s death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 7 of 10
payment of any sums other than the amounts set forth in paragraph 8 herein and the amounts
awarded pursuant to paragraph 12 herein, and that they do not guarantee or insure any of the
future annuity payments. Upon the purchase of the annuity contract, the Secretary of Health and
Human Services and the United States of America are released from any and all obligations with
respect to future annuity payments.
12. As soon as practicable after the entry of judgment on entitlement in this case, and
after petitioners have filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
13. Petitioners and their attorney represent that they have identified to respondent all
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 et seq.)), or entities that provide health services on a prepaid basis.
14. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 12 will be made in accordance with 42 U .S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
15. 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 A.K.G. as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 8 of 10
16. In return for the payments described in paragraphs 8 and 12, petitioners, in their
individual capacity, and as legal representatives of A.K.G., on their own behalf and on behalf of
A.K.G. and A.K.G.'s heirs, executors, administrators, successors, and assigns, do 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 United States 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 A.K.G. resulting
from, or alleged to have resulted from, the flu vaccination administered on or about December
29, 2015, as alleged by petitioners in a petition for vaccine compensation filed on or about
November 5, 2018, in the United States Court of Federal Claims as petition No. 18-171 lV.
17. If A.K. G. 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.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States 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.
19. 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 12 above. There is absolutely no agreement on the part of the
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 9 of 10
parties hereto to make any payment or 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.
20. 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 A.K.G.'s optic neuritis or
any other injury or any of her current conditions.
21. All rights and obligations of petitioners hereunder shall apply equally to petitioners'
heirs, executors, administrators, successors, and/or assigns as legal representatives of A.K.G.
END OF STIPULATION
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Case 1:18-vv-01711-UNJ Document 39 Filed 05/27/20 Page 10 of 10
± i#
Respectfully submitted,
ATTORNEY OF RECORD FOR
d ~ e r ~
SUSAN M. CREMER, ESQ. E.REEVES
NeffLaw Deputy Director
The Pinnacle Building, Suite 509 Torts Branch
3455 Peachtree Road NE Civil Division
Atlanta, GA 30326 U.S. Department of Justice
Tel:'-.(404) 531-9700 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
m
OF THE SECRETARY OF HEAL
~~ '3~
AND HUMAN SERVICES:
u:5(~ ~~
CLAUDIA B. GANGI
T~o· OVERBD.:. fl .
A. ctmg 1rector, 1v1s1on o nJury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 1 lC-26 Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4138
'-t)
Dated: l't / .)..<::>
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