VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01349
Package ID: USCOURTS-cofc-1_20-vv-01349
Petitioner: Leila Marie Beeby
Filed: 2020-10-09
Decided: 2022-06-21
Vaccine: influenza
Vaccination date: 2019-09-19
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 147800

AI-assisted case summary:
Leila Marie Beeby filed a petition for compensation on October 9, 2020, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 19, 2019. Petitioner alleged the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that no civil action for damages had been brought. Respondent denied that petitioner sustained a GBS Table injury, denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 10, 2022, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Leila Marie Beeby a lump sum of $147,800.00, payable to Petitioner, for all items of damages available under Section 15(a). This amount represents a settlement of liability and damages. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC. Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice.

Theory of causation field:
Leila Marie Beeby received an influenza vaccine on September 19, 2019. She alleged Guillain-Barre Syndrome (GBS) as a result of this vaccination. The respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $147,800.00 for all items of damages available under Section 15(a). The stipulation does not detail the specific medical experts, clinical findings, or the precise mechanism of causation relied upon for the settlement. Petitioner was represented by Andrew Donald Downing, and Respondent was represented by Sarah Black Rifkin. The decision was issued on June 21, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01349-0
Date issued/filed: 2022-06-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/10/2022) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01349-UNJ Document 42 Filed 06/21/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1349V
UNPUBLISHED
LEILA MARIE BEEBY, Chief Special Master Corcoran
Petitioner, Filed: May 10, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 9, 2020, Leila Marie Beeby 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-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine received on September 19, 2019. Petition at ¶¶ 2,
9; Stipulation, filed May 10, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was
administered in the United States, she experienced the residual effects of her condition
for more than six months, and no civil action for damages has been brought, nor has any
settlement or award in a civil action for damages been collected, for Petitioner’s vaccine-
related injury. Petition at ¶¶ 2, 7-8, 10; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner sustained a GBS Table injury; denies that the flu vaccine caused petitioner’s
alleged GBS, or any other injury; and denies that her current condition is a sequela 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.
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 (2012).

Case 1:20-vv-01349-UNJ Document 42 Filed 06/21/22 Page 2 of 7
Nevertheless, on May 10, 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 mydecision 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 $147,800.00 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-01349-UNJ Document 42 Filed 06/21/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LEILA MARIE BEEBY,
Petitioner. No. 20-l 349V (ECF)
Chief Special Master Corcoran
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Leila Marie Bceby ('·petitioner''). filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 lJ.S.C. § 300aa-10 to 34 (the ··vaccine
Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza (. . flu") vaccine. This vaccine is contained in the Vaccine Injury Table (the
"Table"). 42 C.F.R. § I 00.3(a)( 14 ).
2. Petitioner received a flu vaccine on September 19, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained Guillain-Bam! Syndrome (''GBS'') within the time
period set fo11h in the Table, or in the alternative. that her alleged injury was caused-in-fact by
the flu vaccine. She further alleges that she experienced the residual effects of this condition for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action

Case 1:20-vv-01349-UNJ Document 42 Filed 06/21/22 Page 4 of 7
for damages on her behalf as a result of her alleged injury.
6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu
vaccine caused petitioner's alleged GBS. or any other injury; and denies that her current
condition is a sequela 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
co1npensation 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-2 I (a)( I), the Secretary of Health and Human Services wilt issue
the following vaccine compensation payment:
A lump sum of$147,800.00 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 tiled both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 I (a)( I). 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 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-l 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
2

Case 1:20-vv-01349-UNJ Document 42 Filed 06/21/22 Page 5 of 7
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 pursuam 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 attorney's 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-l 5(a) and (d). and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(g) and (h).
13. In retum 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 nalure) 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 O 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 flu vaccine administered on September 19, 2019. as
alleged in a petition for vaccine compensation filed on or about October 9, 2020. in the United
States Court of Federal Claims as petition No. 20-1349V.
3

Case 1:20-vv-01349-UNJ Document 42 Filed 06/21/22 Page 6 of 7
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Cou11 on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete confonnity with the terms
of this Stipulation or if the Court of redcral Claims foils to enter judgment in conformity with a
decision that is in complete confonnity with the terms of this Stipulation. then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
I 6. 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 an)' 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 injuries
or any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
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 1:20-vv-01349-UNJ Document 42 Filed 06/21/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~~ &1!at1-
LEILA MARIBEEBY
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
Van Cott & Talamante, PL Deputy Director
3030 N. Third Street, Suite 790 Torts Branch
Phoenix., Arizona 85012 Civil Division
Tel: (602) 257-9160 U.S. Department of Justice
E-mail: adowning@vancotttalamante.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
George R.
DigilallysignedbyGcorgcR.
-s Grimes •S14
Grimes 14
Date: 2022.04.01 16:13:20 ·04·00·
CDR GEORGE REEO GRIMES, MD, MPH SA~
Director, Division of Injury Trial Attorney
Compensation Programs Torts Oranch
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, 08N 1468 Tel: (202) 305-5997
Rockville, MD 20857 Emai I: sarah.ri lkin@usdoj.gov
s l,o 1~2.2...
Dated: r,
5