VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00807
Package ID: USCOURTS-cofc-1_20-vv-00807
Petitioner: Shirley A. Millett
Filed: 2020-07-02
Decided: 2024-02-07
Vaccine: influenza
Vaccination date: 2018-10-16
Condition: Guillain Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
On July 2, 2020, Shirley A. Millett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 16, 2018. Following Ms. Millett's death on March 1, 2023, Jason Millett, as administrator of her estate, was substituted as the petitioner. The petitioner alleged that the vaccine was administered in the United States, that Ms. Millett's GBS persisted for more than six months, and that neither Ms. Millett nor any other party had previously filed an action or received compensation for her vaccine-related GBS. The respondent denied that the flu vaccine caused Ms. Millett's alleged GBS, its residual effects, or her death. On January 5, 2024, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, a lump sum of $100,000.00 was awarded to the estate of Shirley A. Millett, payable to Jason Millett as Administrator. This amount was intended as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on February 7, 2024. Petitioner counsel was Bobbie L. Flynt of Crandall & Pera Law, LLC, and respondent counsel was Nina Ren of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that Shirley A. Millett received an influenza vaccine on October 16, 2018, and subsequently suffered Guillain-Barre Syndrome (GBS), which persisted for more than six months. Petitioner further alleged that Ms. Millett's death on March 1, 2023, was a sequela of this GBS. The respondent denied that the flu vaccine caused the alleged GBS or the death. The parties entered into a joint stipulation to settle the case. The public text does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset, symptoms, tests, or treatments for Ms. Millett's condition. The case was settled via stipulation, resulting in an award of $100,000.00 to the estate of Shirley A. Millett. The theory of causation is based on the Vaccine Injury Table (Table), 42 C.F.R. § 100.3(a), as the influenza vaccine is listed. The decision adopting the stipulation was issued by Chief Special Master Brian H. Corcoran on February 7, 2024. Petitioner was represented by Bobbie L. Flynt, and Respondent was represented by Nina Ren.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00807-0
Date issued/filed: 2024-02-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/08/2024) regarding 51 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:20-vv-00807-UNJ Document 56 Filed 02/07/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0807V
JASON MILLETT, Administrator of Chief Special Master Corcoran
ESTATE OF SHIRLEY A. MILLETT,
Filed: January 8, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bobbie L. Flynt, Crandall & Pera Law, LLC, Chagrin Falls, OH, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 2, 2020, Shirley A. Millett filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Following her death, Jason Millett, administrator of Ms. Millett’s estate,
was substituted as the petitioner (ECF No. 43). Petitioner alleges that Ms. Millett suffered
injuries, including Guillain Barre Syndrome (“GBS”), resulting from an influenza (“flu”)
vaccine received on October 16, 2018. Petition at 1; Stipulation, filed January 5, 2024, at
¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States,
Ms. Millett’s GBS persisted for more than six months, and neither Ms. Millett, nor any
other party, has ever filed an action or received compensation in the form of an award or
settlement for her vaccine-related GBS. Petition at ¶¶ 2; 24-26; Stipulation at ¶¶ 3-5.
“Respondent denies that decedent’s alleged GBS or its residual effects were caused by
1Because 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.
2National 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 (2018).

Case 1:20-vv-00807-UNJ Document 56 Filed 02/07/24 Page 2 of 7
the flu vaccine and denies that the flu vaccine caused decedent any other injury or
decedent’s death.” Stipulation at ¶ 6.
Nevertheless, on January 5, 2024, 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 $100,000.00 in the form of a check payable to Petitioner as
Administrator of the Estate of Shirley A. Miller. 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-00807-UNJ Document 56 Filed 02/07/24 Page 3 of 7
IN THE UNITED STAT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JASON MILLETT, Administrator oft he Estate )
of SHIRLEY A. MILLETT, )
)
Petitioner, ) No. 20-807V
) Chief Special Master Corcoran
v. ) ECF
)
SECRETARY OF HEALTH AND HUMAN )
SERVJCES, )
)
Respondent. )
STIPULA TIQN
The parties hereby stipulate to the following matters:
l. Shirley A. Millett ("decedent") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). After her passing on March I, 2023, Jason Millett, as administrator of the estate of
Shirley A. Millett, was substituted as petitioner {. .p etitioner"). Petitioner seeks compensation for
injuries and death allegedly related to decedent's receipt of the influenza ("flu") vaccine, which
vaccine is contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3(a).
2. Decedent received the flu vaccine on or about October 16, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that as a result of receiving the flu vaccine, decedent suffered
Guillain-Barre Syndrome ("GBS"), Decedent passed away on March 1, 2023. Petitioner further
alleges that decedent's death was the sequela of her alleged vaccine-related injury.
5. Petitioner represents that there has been no prior award or settlement ofa civil action
for damages on decedent's behalf as a result of decedent's alleged injury or death.

Case 1:20-vv-00807-UNJ Document 56 Filed 02/07/24 Page 4 of 7
6. Respondent denies that decedent's alleged GBS or its residual effects were caused by
the flu vaccine and denies that the flu vaccine caused decedent any other injury or decedent's
death.
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 oft his Stipulation.
8. As soon as practicable after an entcy ofj udgment reflecting a decision consistent with
the tenns oft his Stipulation, and after petitioner bas filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(aXl), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for all damages that would be available under 42
U.S.C. § 300aa-15(a):
A lwnp sum of $100,000.00 in the form of a check payable to petitioner as Administrator
of the Estate of Shirley A. Mil1ett.
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-2l(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 petitioner's 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 liableunder42 U.S.C. § 300aa-IS(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 oft he Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-00807-UNJ Document 56 Filed 02/07/24 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. Petitioner represents that petitioner presently is, or within 90 days oft he date of
judgment will become, duly authorized to serve as the legal representative of decedent's estate
under the laws oft he State of Ohio. No payments pursuant to this Stipulation sha11 be made until
petitioner provides the Secretary with documentation establishing petitioner's appointment as
legal representative of decedent's estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as legal representative of decedent'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 parties appointed by
a court of competent jurisdiction to serve as Jegal representative of decedent's estate upon
submission of written documentation ofs uch appoinhnent to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
individual capacity and as administrator of decedent's estate, on behalf ofp etitioner, and on
behalf ofd ecedent's, and decedent's heirs, executors, administrators, successors or assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary ofH ealth and Human Services from any and al] actions or causes of action (including
agreements, judgments, claims, damages, loss ofs ervices, expenses and all demands ofw hatever
kind or nature) that have been brought. could have been brought, or could be timely brought in
the Court of FederaJ 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 decedent resulting from, or
alleged to have resulted from, the flu vaccination administered on or about October 16, 2018, as
3

Case 1:20-vv-00807-UNJ Document 56 Filed 02/07/24 Page 6 of 7
alleged by petitioner in a petition for vaccine compensation filed on or about July 2, 2020, in the
United States Court of Federal Claims as petition No. 20-807V.
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or ift he Court ofF ederal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the tenns 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 ofliability 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 oft he 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 ofH ealth and Human Services that the flu vaccine caused decedent's aJleged injury, or
any other injury or decedent's death.
17. All rights and obligations of petitioner hereunder in petitioner's capacity as
administrator of decedent's estate shall apply equally to petitioner's heirs, executors,
administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:20-vv-00807-UNJ Document 56 Filed 02/07/24 Page 7 of 7
Respectfully submitted.
Elllalh jmillett76@gmailc.om
JASON MILLE'IT
A'ITORNEY OF RECORD AIJTBORIZED REPRESENTA11VE
l'OR PE11TIONER: OF THE ATI'ORNEY GENERAL:
~~
,~~p~
HEATHER L. PBARLMAN
Crandall & Pera Law, LLC Deputy Director
IS Franklin Street Torts Branch
Chagrin Falls, OH 4402.2 Civil Division
{330) 518-7323 U.S. Dc.putment ofJ ustice
Bobbie@injmyvadictB..com P.O.Box 146
Benjamin Franklin Station
Waabingtoo. DC 20044--0146
AlJTBORIZED REPRESENTATIVE
OF THE SECRETARY OP HEALTH
AND HUMAN SERVICD:
Henry P.
=:~i,,tten,yP.
-ss
by Mcmman :;,l023.,,.2!HS:l?-.311
CDR GEORGE REED GR.IMES. MD. MPH NINA .
Dm:ictor, Division ofI njury Trial A!.
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Reaowa:a and Services U$.Depadmentofluatiex:
Administration P.O.Box146
U.S. Department ofH ealth Benjamin Franklin Station
and Human Services Washington. DC 20044-0146
5600 Fiabers Lane, 08W-2SA (202) 4S 1-7499
Rockville, MD 20857 nina.nm@usdoj.gov
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Emal: Jm111ett76@gmall.com