VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01315
Package ID: USCOURTS-cofc-1_19-vv-01315
Petitioner: Thomas Williams
Filed: 2019-08-29
Decided: 2022-12-23
Vaccine: influenza
Vaccination date: 2016-10-04
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 325000

AI-assisted case summary:
Thomas Williams filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on October 4, 2016. The petition stated that the vaccine was administered in the United States, his condition persisted for more than six months, and he had not previously collected an award for this injury. Respondent denied that Mr. Williams satisfied the Table requirements for a GBS Table injury and denied that his GBS was caused-in-fact by the flu vaccination. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Mr. Williams was awarded a lump sum of $325,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award represents a settlement of liability and damages claimed under the program.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01315-0
Date issued/filed: 2022-12-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/21/2022) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:19-vv-01315-UNJ Document 52 Filed 12/23/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1315V
UNPUBLISHED
THOMAS WILLIAMS, Chief Special Master Corcoran
Petitioner, Filed: November 21, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Lisa Annette Roquemore, Law Office of Lisa A. Roquemore, Rancho Santa Margarita,
CA, for Petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 29, 2019, Thomas Williams 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 he suffered Guillain-Barre Syndrome (GBS) after
receiving an influenza vaccination on October 4, 2016. Petition at 2, 6-7; Stipulation, filed
at November 18, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was
administered within the United States, his condition persisted for more than six months,
and that he has not previously collected an award from the civil action for damages for
his vaccine-related injury. Petition at 2, 6-7; Stipulation at ¶¶ 3-5. “Respondent denies
that [P]etitioner has satisfied the Table requirements for a GBS Table injury, and denies
that his alleged GBS, or any other injury, was caused-in-fact by a flu vaccination.”
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01315-UNJ Document 52 Filed 12/23/22 Page 2 of 7
Nevertheless, on November 18, 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.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $325,000.00 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-01315-UNJ Document 52 Filed 12/23/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
THOMAS WILLIAMS, *
*
Petitioner, * No. 19-131SV
* Chief Special Master Corcoran
V. *
*
SECRETARY OF HEALTH AND *
•
HUMAN SERVICES,
•
Respondent. *
•••••••••••••••••••••••••••••••••••••
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner filed a petition for vaccine compensation under the National Vaccine
Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine Program"). The
petition seeks compensation for injuries allegedly related to 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 an influenza immunization on October 4, 2016.
3. This vaccine was administered within the United States.
4. Petitioner alleges that he developed the first symptom or manifestation of the
onset of Guillain-Barre Syndrome ("GBS") within the time period set forth in the Table.
Alternatively, petitioner alleges that his GBS was caused-in-fact by a flu vaccine. He further
alleges that he has experienced residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition.

Case 1:19-vv-01315-UNJ Document 52 Filed 12/23/22 Page 4 of 7
6. Respondent denies that petitioner has satisfied the Table requirements for a GBS
Table injury, and denies that his alleged GBS, or any other injury, was caused-in-fact by a flu
vaccination.
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 ofj udgment 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-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $325,000.00 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 ofj udgment 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)(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.
IO. Petitioner and his 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- I 5(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-01315-UNJ Document 52 Filed 12/23/22 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 unreimbursable 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 his
individual capacity and on behalf of his heirs, executors, administrators, successors or assigns,
doe5lforever 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 petitioner resulting
from, or alleged to have resulted from, a flu vaccination administered on October 4, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 29, 2019, in
the United States Court of Federal Claims as petition No. 19-J 3 l 5V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-01315-UNJ Document 52 Filed 12/23/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the
tenns 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's alleged GBS, or any other injury, was
caused by a flu vaccination.
18. All rights and obligations of petitioner 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-01315-UNJ Document 52 Filed 12/23/22 Page 7 of 7
Respectfully submitted,
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONE OF THE ATTORNEY GENERAL:
-~f---==---~ ~
LI HEATHER L. PEARLMAN
1sa A. Roquemore Deputy Director
3 treet, Suite 300 Torts Branch
a Margarita, CA 92688 Civil Division
Tel: (949) 622-5572 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:
GeorgeR.Grlmes•""'"'~'"""'"'.....,a ~ ~
Grlmes•S14
S1 4
Date: 2022.10.12 20:36:23 -04'00' . • -
EJ3RAAFJi,-~ -----....___
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Senior 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, 08Nl46B Tel: (202) 616-4181
Rockville, MD 20857 Email: debra.begley@usdoj.gov
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