VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00768
Package ID: USCOURTS-cofc-1_19-vv-00768
Petitioner: John Olson
Filed: 2019-05-23
Decided: 2023-06-26
Vaccine: influenza
Vaccination date: 2017-10-27
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 277439

AI-assisted case summary:
On May 23, 2019, John Olson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 27, 2017. Mr. Olson alleged the vaccine was administered in the United States and that he experienced residual effects for more than six months. He further stated there had been no prior award or settlement of a civil action for damages related to his condition. Mr. Olson passed away on January 13, 2021, while the case was pending. His daughter, Robin Roseland, was substituted as the Personal Representative of his estate on August 13, 2021. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Olson's alleged neurologic injury, Guillain-Barré syndrome (GBS), chronic inflammatory demyelinating polyneuropathy (CIDP), or any other injury, and denied that his death was a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision. The award included a lump sum of $253,204.53 payable to the estate of Mr. Olson and a lump sum of $24,234.59 to reimburse a Medicaid lien for services rendered by the State of Minnesota. These amounts were designated as compensation for all damages available under the Vaccine Act. The decision was issued on June 26, 2023. Petitioner counsel was Isaiah Kalinowski of Bosson Legal Group, and respondent counsel was Benjamin Patrick Warder of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party.

Theory of causation field:
Petitioner alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 27, 2017. The respondent denied the vaccine caused the alleged injury or death. The parties entered into a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation stated that the parties maintained their positions but agreed to settle. The award included $253,204.53 to the estate and $24,234.59 for a Medicaid lien reimbursement. The stipulation explicitly stated it was not an admission by the United States or the Secretary that the flu vaccine caused Mr. Olson's alleged neurologic injury, GBS, CIDP, any other injury, or his death. The theory of causation falls under the Vaccine Injury Table (Table) for GBS. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the alleged condition and vaccination. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Benjamin Patrick Warder. The decision date was June 26, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00768-0
Date issued/filed: 2023-06-26
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/25/2023) regarding 67 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0768V
UNPUBLISHED
ROBIN ROSELAND, as Personal Chief Special Master Corcoran
Representative of ESTATE OF JOHN
OLSON, Filed: May 25, 2023
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Isaiah Kalinowski, Bosson Legal Group, Fairfax, VA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On May 23, 2019, John Olson filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). Mr. Olson alleged that he developed Guillain-Barré syndrome as a result of an
influenza (“flu”) vaccine that was administered on October 27, 2017. Petition at 1;
Stipulation, filed on May 25, 2023, at ¶¶ 2-4. Mr. Olson further alleged that he received
the vaccine in the United States, that he experienced the residual effects of his injury for
more than six months, and there has been no prior award or settlement of a civil action
for damages as a result of his alleged condition. Petition at 1-2; Stipulation at ¶¶ 3-5. Mr.
Olson passed away while this case was pending, and on August 13, 2021, his daughter,
Robin Roseland was substituted as Petitioner on behalf of Mr. Olson’s estate. ECF No.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of
2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 2 of 8
34. “Respondent denies that the flu vaccine caused Mr. Olson to suffer from a neurologic
injury, Guillain-Barré syndrome, chronic inflammatory demyelinating polyneuropathy
(“CIDP”), or any other injury, and denies that Mr. Olson’s death is a sequela of a vaccine-
related injury. ” Stipulation at ¶ 6.
Nevertheless, on May 25, 2023, 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:
1. A lump sum of $253,204.53 in the form of a check payable to Petitioner as
personal representative on behalf of the estate of Mr. Olson; and
2. A lump sum of $24,234.59, representing reimbursement of a Medicaid lien
for services rendered to Mr. Olson by the State of Minnesota, in the form
of a check payable jointly to petitioner and the Minnesota Department of
Human Services:
Attention: Nacole Lind
Benefit Recovery Section
Minnesota Department of Human Services
P.O. Box 64994
St. Paul, Minnesota 55164-0994
Petitioner agrees to endorse this payment to the Minnesota Department of
Human Services.
Stipulation at ¶ 8. These amounts represent 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 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.
2

Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
The Estate of JOHN OLSON, )
By and Through ROBIN ROSELAND, )
as Personal Representative, )
)
Petitioner: )
) No. 19-768V (ECF)
V. ) Chief Special Master Corcoran
)
SECRETARY OF HEAL TH AND )
HUMAN SERVICES, )
)
Respondent. )
_________________
)
STIPULATION
The parties hereby stipulate to the following matters:
I. John Olson ("Mr. Olson'') filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine
Program"). Upon his death, Robin Roseland (''petitioner"), as personal representative of Mr.
Olson·s estate, was substituted as petitioner herein. The petition seeks compensation for an
injury allegedly related to Mr. Olson·s receipt of the influenza ("flu'') vaccine, which is
contained in the Vaccine Injury Table ("Table''), 42 C.F.R. § \00.3(a).
2. Mr. Olson received the flu vaccine on October 27, 2017.
3. The vaccine was administered in the United States.
4. Petitioner alleges that as a result of receiving the flu vaccine, Mr. Olson suffered a
neurologic injury which subsequently caused his death on January 13, 2021.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Olson as a result of his alleged vaccine injury or death.

Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 4 of 8
6. Respondent denies that the nu vaccine caused Mr. Olson to suffer from a neurologic
injury, Guillain-Barre syndrome (''GBS''), chronic inflammatory demyelinating polyneuropathy
("CIDP'.), or any other injury, and denies that Mr. Olson·s death is a sequela 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-2 I (a)( I), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
A. A lump sum of $253,204.53, in the form of a check payable to petitioner as
personal representative on behalf of the estate of Mr. Olson; and
8. A lump sum of $24,234.59, 1 representing reimbursement of a Medicaid lien for
services rendered to Mr. Olson by the State of Minnesota, in the form of a check
payable jointly to petitioner and the Minnesota Department of Human Services:
Attention: Nacole Lind
Benefit Recovery Section
Minnesota Department of Human Services
P.O. Box 64994
St. Paul, Minnesota 55164-0994
Petitioner agrees to endorse this check to the Minnesota Department of Human Services.
1 This amount represents full satisfaction of any right of subrogation, assignment. claim, lien, or
cause of action that the State of Minnesota may have against any individual as a result of any
Medicaid payments that the Minnesota Program has made to or on behalf of John Olson as a
result of his alleged vaccine-related injury suffered on or about October 27, 2017, under Title
XIX of the Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h).
2

Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 5 of 8
These amounts represent 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. § 300aa-2 l (a)( 1) 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.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Vaccine Program is not primarily
liable under 42 U.S.C. § 300aa-l 5(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 pre-paid basis.
I I. Payments made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9. will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. Petitioner represents that she presently is, or within ninety days of the date of
judgment will become, duly authorized to serve as the legal representative of Mr. Olson·s estate
under the laws of the State of Minnesota. No payments pursuant to this Stipulation shall be
made until petitioner provides the Secretary with documentation establishing petitioner's
appointment as legal representative of Mr. Olson's estate. If petitioner is not authorized by a
court of competent jurisdiction to serve as legal representative of Mr. Olson ·s estate at the time a
payment pursuant to this Stipulation is to be made, any such payment shall be paid to the party or
3

Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 6 of 8
parties appointed by a court of competent jurisdiction to serve as legal representative of Mr.
Olson's estate upon submission of written documentation of such appointment to the Secretary.
13. In return for the payments described in paragraph 8, and any amount awarded
pursuant to paragraph 9, petitioner, in her individual capacity, as personal representative on
behalf of the estate of John Olson, and on behalf of Mr. Olson'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 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 Mr.
Olson resulting from, or alleged to have resulted from the flu vaccine administered on October
27, 2017. as alleged in a petition tiled on May 23, 2019, in the United States Court of Federal
Claims as petition No. I 9-768V, and an amended petition filed on Janua,y 6, 2021.
14. 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.
I 5. 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 do any act or thing other than is herein expressly stated
4

Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 7 of 8
and clearly agreed to. The parties fwther 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.
16. 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 Mr. Olson's alleged
neurologic injury, GBS, CIDP, any other injury, or his death.
17. All rights and obligations of petitioner in her capacity as personal representative on
behalf of the estate of John Olson hereunder shall apply equally to petitioner's heirs. executors,
administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00768-UNJ Document 72 Filed 06/26/23 Page 8 of 8
Respectfully submitted,
PETITIONER:
~~~
ATTORNEY AUTHORIZED REPRESENTATIVE
PETITJONE OF THE ATTORNEY GENERAL:
~ ~ o:U).A),1'-__
ISA AH KALIN SKI HEATHER L. PEARLMAN "
r.c.
BOSSON LEGAL GROUP, Deputy Director
8300 Arlington Boulevard, Suite B2 Torts Branch
Fairfax, VA 22031 Civil Division
(571) 771-3225 U.S. Department of Justice
ikalinowski@bossonlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
OigltallyslgnedbyGeorgeR.
-S1 4 Grimes•S14 ~~1r~
Date: 2023.0S.09 I 0:0S:43 -04'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington. DC 20044-0146
5600 Fishers Lane, 08N 1468 (202) 532-5464
Rockville, MD 20857 Benjamin.P.Warder@usdoj.gov
Dated: OS/ 2<; /2o2:S
6