VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00138
Package ID: USCOURTS-cofc-1_20-vv-00138
Petitioner: Thomas Mensinger
Filed: 2022-02-10
Decided: 2022-06-08
Vaccine: influenza
Vaccination date: 2017-11-11
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 175000

AI-assisted case summary:
Katherine Mensinger, as Administrator of the Estate of Thomas Mensinger, filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that Thomas Mensinger received an influenza vaccine on November 11, 2017, and subsequently developed Guillain-Barre Syndrome (GBS), which led to his death on February 9, 2018. The petition stated the vaccine was administered in the United States and that the GBS persisted until his death. Respondent denied that the decedent sustained a GBS Table injury, denied that the flu vaccine caused the GBS or any other injury, and denied that the death was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding compensation. A lump sum of $175,000.00 was awarded to Petitioner as legal representative of the estate. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties agreed that this stipulation expresses a full and complete negotiated settlement of liability and damages.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00138-0
Date issued/filed: 2022-06-08
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 04/25/2022) regarding 70 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-138V
UNPUBLISHED
KATHERINE MENSINGER Chief Special Master Corcoran
as Administrator of the
ESTATE OF THOMAS MENSINGER Filed: April 25, 2022
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Steven K Jambois, Maglio, Kralovec, Jambois and Schwartz, Chicago, IL, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 10, 2022, Katherine Mensinger, as the Administrator of the Estate of
Thomas Mensinger, deceased, 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 the decedent suffered Guillain-Barre Syndrome (GBS), and
subsequent death on February 9, 2018, resulting from adverse effects of an influenza (flu)
vaccination received on November 11, 2017. Petition at 1; Stipulation, filed at April 22,
2022, ¶¶ 1-2. Petitioner further alleges that the vaccination was received within the United
States, the decedent’s GBS persisted up until the date of his death, and neither Petitioner,
nor any other party has ever filed any action for the decedent’s vaccine-related injury.
Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that the decedent sustained a
GBS Table injury; denies that the flu vaccine caused the decedent’s GBS, or any other
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 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 2 of 8
injury; and denies that the decedent’s death is a sequelae of a vaccine-related injury.”
Stipulation at ¶ 6.
Nevertheless, on April 22, 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 $175,000.00 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 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATHERINE MENSINGER, as )
Administrator of the Estate of )
THOMAS MENSINGER, deceased, )
) No. 20-138V (ECF)
Petitioner, ) Chief Special Master Corcoran
)
V. )
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
____ Re _ spon _ dent _ . _ ___)
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Katherine Mensinger, as Administrator of the Estate of Thomas
Mensinger ("decedent"), deceased, 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 the decedent's receipt of an
influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3 (a).
2. The decedent received a flu vaccine on November 11, 2017.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the decedent suffered Guillain Barre syndrome ("GBS")
within the time period set forth in the Table, or in the alternative, that his alleged injury was
caused-in-fact by the flu vaccine. Petitioner further alleges that the decedent died on February 9,
2018, as a result of his alleged injury.

Case 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on the decedent's behalf as a result of the decedent's condition or his death.
6. Respondent denies that the decedent sustained a GBS Table injury; denies that the
flu vaccine caused the decedent's GBS, or any other injury; and denies that the decedent's death
is a sequelae 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 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 $175,000.00 in the form of a check payable to petitioner as legal
representative of the estate of Thomas Mensinger. 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
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.
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- 1S (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
2

Case 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 5 of 8
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 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. Petitioner represents that she presently is, or within 90 days of the date of
judgment will become, duly authorized to serve as the legal representative of the decedent's
estate under the laws of the State of Michigan. No payments pursuant to this Stipulation shall be
made until petitioner provides the Secretary with documentation establishing petitioner's
appointment as legal representative of the decedent's estate. If petitioner is not authorized by a
court of competent jurisdiction to serve as legal representative of the estate of the decedent at the
time a payment pursuant to this Stipulation is to be made, any such payment shall be paid to the
party or parties appointed by a court of competent jurisdiction to serve as legal representative of
the estate of the decedent upon submission of written documentation of such appointment to the
Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and as administrator of decedent's estate, on her own behalf, and on behalf of
decedent's estate, and his 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
3

Case 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 6 of 8
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 decedent resulting from, or
alleged to have resulted from the flu vaccination administered on November 11, 2017, as alleged
by petitioner in a petition for vaccine compensation filed on or about February 10, 2020, in the
United States Court of Federal Claims as petition No. 20-138V.
14. 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.
15. 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.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the decedent sustained a GBS Table injury; that the
flu vaccine caused the decedent's alleged injuries, or any other injury; or that the decedent's
death was a sequelae of a vaccine-related injury.
4

Case 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 7 of 8
17. All rights and obligations of petitioner hereunder in her capacity as administrator
of decedent's estate shall apply equally to petitioner's heirs, executors, administrators,
successors, and/or assigns.
END OF STIPULATION
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Case 1:20-vv-00138-UNJ Document 74 Filed 06/08/22 Page 8 of 8
Respectfully submitted,
PETITIONER:
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
~ , ~R~
ST...,...~__. HEATHER L. PEARLMAN
KRALOVEC, 'l-L"lJLV.LUV.Ls & scHWA RTZ Deputy Director
60 W. Randolph, 4th or Civil Division
Chicago, Illinois 606 7 U.S. Department of Justice
(312) 782-2525 P.O. Box 146
sjambois@kjs-law.com 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
DigitallyslgnedbyGeorgeR.
Grlmes-S14
-514
Date: 2022.04.01 16:17:11 -04'00'
CDR GEORGE REED GRIMES, MD, MPH KAT HERINE C. ESPOSITO
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, 08N146B (202) 305-3774
Rockville, MD 20857 katherine.esposito@usdoj.gov
oY l,q/uszz...,
Dated:
6