VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00990 Package ID: USCOURTS-cofc-1_19-vv-00990 Petitioner: Holley Hartley Filed: 2019-07-10 Decided: 2022-11-29 Vaccine: influenza Vaccination date: 2016-11-01 Condition: Guillain-Barre syndrome (GBS) Outcome: compensated Award amount USD: 290000 AI-assisted case summary: Holley Hartley filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2019, alleging she suffered Guillain-Barre syndrome (GBS) as a result of receiving an influenza vaccine on November 1, 2016. She further alleged that she experienced residual effects from her GBS for more than six months. The respondent denied that Ms. Hartley suffered from GBS within the Table timeframe and denied that the flu vaccine caused her alleged GBS or any other injury. Despite these disagreements, the parties filed a joint stipulation on October 19, 2022, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The court awarded Ms. Hartley a lump sum of $290,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. This amount was to be paid as soon as practicable after entry of judgment. The case proceeded as a Table claim. Petitioner was represented by Brian Robert Arnold. Respondent was represented by Voris Edward Johnson. The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Vaccine Injury Act of 1986, as amended, and was not an admission by the United States that the alleged GBS was caused by the flu vaccine. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. Theory of causation field: Petitioner Holley Hartley received an influenza (flu) vaccine on November 1, 2016. She alleged that she sustained the first symptom or manifestation of Guillain-Barre syndrome (GBS) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. Respondent denied that petitioner suffered from GBS within the Table timeframe and denied that the flu vaccine caused her alleged GBS or any other injury. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $290,000.00 to Petitioner. The case was treated as a Table claim. Petitioner was represented by Brian Robert Arnold, and Respondent was represented by Voris Edward Johnson. The stipulation was a full and complete negotiated settlement of liability and damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00990-0 Date issued/filed: 2022-11-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/20/2022) regarding 45 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00990-UNJ Document 48 Filed 11/29/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0990V UNPUBLISHED HOLLEY HARTLEY, Chief Special Master Corcoran Petitioner, Filed: October 20, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre Syndrome (GBS) Respondent. Brian Robert Arnold, Richardson, Texas, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 10, 2019, Holley Hartley filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered Guillain-Barre syndrome (“GBS”) as a result of receiving an influenza (“flu”) vaccine on November 1, 2016. Petition at 2-3; Stipulation, filed at October 19, 2022, ¶¶ 1-4. Petitioner further alleges that she suffered from her injury and the residual effects for more than six months. Petition at 4-5; Stipulation at ¶4. Respondent denies that petitioner suffered from GBS within the Table timeframe, and denies that the flu vaccine in fact caused her alleged GBS and residual effects, or any other injury.” Stipulation at ¶ 6. Nevertheless, on October 19, 2022, 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. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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-00990-UNJ Document 48 Filed 11/29/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $290,000.00, in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents 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-00990-UNJ Document 48 Filed 11/29/22 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) HOLLEY HARTLEY, ) ) Petitioner, ) ) No. 19-990V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) STIPULATION The parties hereby stipulate to the following matters: 1. Holley Hartley (“petitioner”) 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 sustained following petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a). 2. Petitioner received a flu vaccine on November 1, 2016. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained the first symptom or manifestation of onset of the injury Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table. Petitioner further alleges that she experienced the residual effects of her GBS for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Case 1:19-vv-00990-UNJ Document 48 Filed 11/29/22 Page 4 of 7 6. Respondent denies that petitioner suffered from GBS within the Table timeframe, and denies that the flu vaccine in fact caused her alleged GBS and residual effects, or 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 petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $290,000.00 in the form of a check payable to petitioner, Holley Hartley, which amount represents 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-21(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 compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis. 2 Case 1:19-vv-00990-UNJ Document 48 Filed 11/29/22 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(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 attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner, 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-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, 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 Secretary of Health and Human Services and the United States of America 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, petitioner resulting from, or alleged to have resulted from, the flu vaccine administered on November 1, 2016, as alleged by petitioner in a petition for vaccine compensation filed on or about July 10, 2019, in the United States Court of Federal Claims as petition No. 19-990V. 14. If petitioner 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. 15. If the special master fails to issue a decision in complete conformity with the 3 Case 1:19-vv-00990-UNJ Document 48 Filed 11/29/22 Page 6 of 7 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. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National 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 to 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. 17. This Stipulation shall not be construed as an admission by the United States of America or the Secretary of Health and Human Services that petitioner’s alleged GBS and residual effects, or any other injury, were caused by the flu vaccine. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, successors and/or assigns. END OF STIPULATION / / / / / / / / / / / 4 Case 1:19-vv-00990-UNJ Document 48 Filed 11/29/22 Page 7 of 7 Respectfully submitted. PETITIONER: AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: .. Mt~\I...P~C>-- BRIAN R. ARNOLD HEATHER L. PEARLMAN Brian R. Arnold & Associates Deputy Director 600 W. Campbell Road. Suite 3 Torts Branch, Civil Division Richardson. TX 75080 U.S. Depanment of Justice (214) 739-4216 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALT H RESPONDENT: AND HUMAN SERVICES: George R. Grimes OiglUllyslgnedbyCieorgeR. GtimH•S14 -S 14 Oate: 2O22.09.0611:36:$7-