VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01335
Package ID: USCOURTS-cofc-1_20-vv-01335
Petitioner: Donna Maria Peterson
Filed: 2020-10-07
Decided: 2022-11-07
Vaccine: influenza
Vaccination date: 2017-10-09
Condition: Guillain-Barre Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Donna Maria Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP) caused by an influenza vaccine she received on October 9, 2017. She stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no civil action had been filed or compensation received for her condition. Respondent denied that Ms. Peterson sustained a GBS Table injury and denied that the flu vaccine caused her alleged GBS or CIDP. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation, awarding Ms. Peterson a lump sum of $90,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the damages. The decision was issued on November 7, 2022, following the petition filed on October 7, 2020.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01335-0
Date issued/filed: 2022-11-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/06/2022) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1335V
UNPUBLISHED
DONNA MARIA PETERSON, Chief Special Master Corcoran
Petitioner, Filed: October 6, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS); Chronic
Respondent. Inflammatory Demyelinating
Polyneuropathy (CIPD)
Nathan Pate Powell, Webb, Tanner & Powell, P.C., Lawrenceville, GA, for Petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 7, 2020, Donna Maria Peterson 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”) and
chronic inflammatory demyelinating polyneuropathy (“CIDP”) which was caused-in-fact
by the influenza vaccine she received on October 9, 2017. Petition at 1, ¶¶ 2, 18-19;
Stipulation, filed at Oct. 6, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the
flu vaccine within the United States, that she suffered the residual effects of her GBS and
CIDP for more than six months, and that neither she nor any other person has filed a civil
action or received compensation for her GBS and CIDP. Petition at ¶¶ 2, 20-22;
Stipulation at ¶¶ 3-5. “Respondent denies [P]etitioner sustained a GBS Table injury, and
denies that the flu vaccine caused [P]etitioner’s alleged GBS or CIDP or any other injury
or her current condition.” 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 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 2 of 7
Nevertheless, on October 6, 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 $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 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.
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Case 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONNA MARIE PETERSON, )
)
Petitioner, ) No. 20-l 335V
) Chief Special Master
V. ) Brian H. Corcoran
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Donna Marie Peterson, 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 related to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received a flu vaccine on October 9, 2017.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered Guillain Barre Syndrome ("OBS") and chronic
inflammatory demyelinating polyneuropathy ("CIDP") as the result of her flu vaccination.
Petitioner further alleges that she suffered the residual effects of her alleged injuries for more
than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as the result of her alleged vaccine injury.

Case 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 4 of 7
6. Respondent denies petitioner sustained a GBS Table injury, and denies that the flu
vaccine caused petitioner's alleged GBS or CIDP or any other injury or her current condition.
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 $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 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.
I 0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), including 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 entities that provide health services on a pre-paid basis.
11. Payments 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
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Case 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 5 of 7
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's 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 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-l Oe t 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 vaccination administered on October 9, 2017, as
alleged in a petition for vaccine compensation filed on or about October 7, 2020, in the United
States Court of Federal Claims as petition No. 20-1335V.
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'
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Case 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 6 of 7
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 the flu vaccine caused petitioner's alleged GBS or
CIDP or any other injury or her current condition.
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 1:20-vv-01335-UNJ Document 51 Filed 11/07/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
Donna Maria Pttmon (Sep 27, 2022 14:23 EDT)
DONNA MARIA PETERSON
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
PETITIONER: ~
dPOWELL7;J~
HEATHER L. PEARLMAN
Powell & Edwards, Attorneys at Law, P.C. Deputy Director
P.O. Box 1390 Torts Branch
Lawrenceville, GA 30046 Civil Division
(770) 962-0100 U.S. Department of Justice
Nathan@powelledwards.com P. 0 . Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
z:;& /J. ~ / ~s~~'l,
CDR GEORGE REED GRIMES, M~ PH
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) 616-0515
Rockville, MD 20857 Althea.Davis@usdoj.gov
Dated: / 0 - lP - .l :2...
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