VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01012
Package ID: USCOURTS-cofc-1_19-vv-01012
Petitioner: Kathleen Budde
Filed: 2019-07-15
Decided: 2021-07-06
Vaccine: influenza
Vaccination date: 2018-10-10
Condition: Guillain-Barre syndrome (GBS)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Kathleen Budde filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) caused by the influenza vaccine she received on October 10, 2018. She also received the flu vaccine on February 5, 2018. Ms. Budde claimed that her GBS met the definition for a Table injury and that she experienced residual effects for more than six months following the vaccination. The respondent, the Secretary of Health and Human Services, denied that Ms. Budde suffered a Table injury or that the vaccine caused or aggravated her condition. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Budde a lump sum of $90,000.00. This amount represents compensation for all damages available under the program. The decision was based on the joint stipulation, and the court directed that judgment be entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01012-0
Date issued/filed: 2021-08-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/06/2021) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01012-UNJ Document 56 Filed 08/05/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1012V
UNPUBLISHED
KATHLEEN BUDDE, Chief Special Master Corcoran
Petitioner, Filed: July 6, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Stefan Bjorn Feidler, Anastopoulo Law Firm, Charleston, SC, for Petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 15, 2019, Kathleen Budde 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-Barré syndrome (“GBS”)
which meets the definition for Table GBS and was caused-in-fact by the influenza (“flu”)
vaccine she received on October 10, 2018. Petition at 1 ¶¶ 2, 10, 12; Stipulation, filed at
July 6, 2021, ¶¶ 1-2, 4. Petitioner further alleges she received the vaccine in the United
States, that she suffered the residual effects of her injury for more than six months, and
that neither she nor any other person has filed a civil action or received compensation for
her injury. Petition at ¶¶ 2, 11, 13; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner suffered a Table injury for GBS, denies that the vaccines either caused or
significantly aggravated [P]etitioner’s alleged injuries or any other injury, and denies that
[P]etitioner’s current disabilities are the result of a vaccine-related injury.” Stipulation at ¶
6.
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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:19-vv-01012-UNJ Document 56 Filed 08/05/21 Page 2 of 7
Nevertheless, on July 6, 2021, 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:
A lump sum of $90,000.00 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 the 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-01012-UNJ Document 56 Filed 08/05/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHLEEN BUDDE, )
)
Petitioner, ) No. 19-1012V ECF
)
V. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
---------------
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Kathleen Budde, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine
Program"). She later filed an amended petition. The petition and amended petition seek
compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine,
which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. On February 5, 2018, petitioner received the flu vaccine, and on October 10, 2018,
petitioner again received the flu vaccine.
3. The flu vaccines received by petitioner were administered within the United States.
4. Petitioner alleges that, as a result of receiving each of the flu vaccines as stated
above, she sustained the onset of Guillain-Barre syndrome ("GBS") within the time period set
forth in the Table, and that she experienced residual effects of the alleged injury for more than
six months following each vaccine administration.
1

Case 1:19-vv-01012-UNJ Document 56 Filed 08/05/21 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.
6. Respondent denies that petitioner suffered a Table injury for OBS, denies that the
vaccines either caused or significantly aggravated petitioner's alleged injuries or any other
injury, and denies that petitioner's current disabilities are the result 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-21(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $90,000.00, in the form of a check payable to petitioner. This
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
,~,m
42 U.S.C. Section 300aa-2l(a)(l), and an application, the parties 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
2

Case 1:19-vv-01012-UNJ Document 56 Filed 08/05/21 Page 5 of 7
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.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-l 5(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-l 5(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 United States and
the Secretary of Health and Human Services from any and all actions, 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 vaccines administered on February 5, 2018, and on October
I 0, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about July
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Case 1:19-vv-01012-UNJ Document 56 Filed 08/05/21 Page 6 of 7
15, 2019, and the amended petition filed on or about December 30, 2019, in the United States
Court of Federal Claims at Docket No. 19-1012V.
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 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 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 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 or the
Secretary of Health and Human Services that petitioner sustained a Table injury for GBS, or that
a vaccine either caused or significantly aggravated petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:19-vv-01012-UNJ Document 56 Filed 08/05/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
\L 9 e ~
~~
HEATHER L. PEARLMAN
Anas opoulo aw Firm, LLC Acting Deputy Director
32 Ann Street Torts Branch
Charleston, SC 29403 Civil Division
Tel: 843-614-8888 U.S. Department of Justice
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:
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&/Jrz;,~~RB~c,I A/JM,rr
DARRYLR. WISHARD
Acting Director, Division oflnjury Assistant Director
Compensation Programs Torts Branch
Healthcare 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, 08Nl46B Tel: (202) 616-4357
Rockville, MD 20857 darryl. wishard@usdoj.gov
-:r/ f-ze.z
Dated: O Ob I
5