VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01531
Package ID: USCOURTS-cofc-1_21-vv-01531
Petitioner: John Harris
Filed: 2021-06-30
Decided: 2023-03-27
Vaccine: influenza
Vaccination date: 2019-09-19
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
John Harris filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2021. He alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on September 19, 2019, and that his GBS symptoms continued for longer than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Harris's GBS or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 22, 2023, agreeing to settle the issues and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr. Harris was awarded a lump sum of $90,000.00, payable by check to the petitioner, as compensation for all items of damages. This amount represents a compromise of the parties' respective positions on liability and/or damages. The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for the influenza vaccine. The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the GBS onset or progression, medical tests, treatments, or expert witnesses. The stipulation states that attorneys' fees and costs would be addressed in further proceedings.

Theory of causation field:
Petitioner John Harris received an influenza vaccine on September 19, 2019, and alleged he developed Guillain-Barre Syndrome (GBS) as a result, with symptoms lasting longer than six months. Respondent denied causation. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the influenza vaccine. The parties filed a joint stipulation agreeing to settle the claim. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $90,000.00 to Petitioner for all items of damages. The public text does not name petitioner's counsel (Keith Chasin, Keith Chasin P.A.), respondent's counsel (Nina Ren, U.S. Department of Justice), or detail the medical mechanism, expert testimony, or specific clinical findings. The award was made via joint stipulation, reflecting a compromise of liability and damages.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_21-vv-01531-0
Date issued/filed: 2023-03-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/23/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
--------------------------------------------------------------------------------
Case 1:21-vv-01531-UNJ Document 48 Filed 03/27/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1531V
UNPUBLISHED
JOHN HARRIS, Chief Special Master Corcoran
Petitioner, Filed: February 23, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Keith Chasin, Keith Chasin P.A., Miami, FL, for Petitioner.
Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 30, 2021, John Harris 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 from Guillain-Barre Syndrome (“GBS”) as a result
of an influenza vaccination he received on September 19, 2019. Ex. 1 at 1; Stipulation,
filed at February 22, 2023, ¶2, 4. Petitioner further alleges that his GBS symptoms has
continued for longer than six months. Petition at ¶8; Stipulation at ¶4. Respondent denies
“that the flu vaccine caused Petitioner’s GBS or any other injury, and denies that
Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶6.
Nevertheless, on February 22, 2023, 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.
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 1:21-vv-01531-UNJ Document 48 Filed 03/27/23 Page 2 of 7
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.
2

Case 1:21-vv-01531-UNJ Document 48 Filed 03/27/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
JOHN HARRIS, )
)
Petitioner, )
) No. 21-1531V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
________________ )
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. John Harris ("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 the petitioner's
receipt of the influenza ("flu"} vaccine, which is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a}.
2. Petitioner received the flu vaccine on September 19, 2019.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he developed Guillain-Barre Syndrome ("GBS") that was
caused by the flu vaccine. Petitioner further alleges that he 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
for damages as a result of his alleged injuries.
6. Respondent denies that the flu vaccine caused petitioner's alleged OBS or any other

Case 1:21-vv-01531-UNJ Document 48 Filed 03/27/23 Page 4 of 7
injury, and denies that petitioner's 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
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-21(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.
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 liable under 42 U.S.C. § 300aa-15(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 1:21-vv-01531-UNJ Document 48 Filed 03/27/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation 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 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-l 5(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,
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-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, the flu vaccination administered on September 19, 2019,
as alleged by petitioner in a petition for vaccine compensation, filed on or about June 30, 2021,
and the amended petition, filed on December IO, 2021, in the United States Court of Federal
Claims as petition No. 21-1531V.
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.
3

Case 1:21-vv-01531-UNJ Document 48 Filed 03/27/23 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 confonnity 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 injUiy 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,
any other injury, or his current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
I
I
4

Feb 13 23 05:19p CJaoshen 1H:a2r1ris-v v-01531-UNJ Document 48 Filed 03/2370/25325 1 P02a7g6e 7 of 7 p.1
Respectfully submitted.
I
0]'~~
~
~
AITORNEY9FRECORDFOR AUTHORIZED REPRESENTATIVE
OF 1HE ATTORNEY GENERAL:
P IO~'
~~~~
H HASIN HEATHER L. PEARLMAN
Ke th Chasin, P.A. Deputy Director
2828 Coral Way, Suite 540 Torts Branch
Miami, FL 33145 Civil Division
Tel: (305) 670-1833 U.S. Department of Justici!
Email: kchasinwchasin law, com P.O. Box 146
Benjamin Franklin Station
Washington. DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
! ['
OF THE SECRETARY OF HEALTH
AND BUMAN SERVICES:
George R. 0191t1111y stel'll!d by Geotge R.
Glfm.s•S14
Grimes-514
0m:l023.1>1.o411~-osw
CDR GEORGE REED GRIMES, MD, :MPH NlNAY.REN
Director, Division oflajury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resowces 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 Tel: (202) 305-3781
Rockville, :MD 20857 Email: nina.ren@usd2i,:;ov
s