VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01625
Package ID: USCOURTS-cofc-1_21-vv-01625
Petitioner: Cassie Malone
Filed: 2021-07-28
Decided: 2023-03-24
Vaccine: influenza
Vaccination date: 2019-10-15
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 104571

AI-assisted case summary:
Cassie Malone filed a petition for compensation under the National Vaccine Injury Compensation Program on July 28, 2021, alleging she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 15, 2019. She further alleged that her GBS lasted more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged injuries or significantly aggravated any underlying conditions. Despite this denial, the parties filed a joint stipulation on February 21, 2023, agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Cassie Malone was awarded a lump sum of $104,571.47, representing compensation for all items of damages available under the Vaccine Act. This amount covers her GBS injury, which is a condition listed on the Vaccine Injury Table, and the parties agreed to this settlement to resolve the case. The decision was issued on March 24, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01625-0
Date issued/filed: 2023-03-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/21/2023) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-01625-UNJ Document 32 Filed 03/24/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1625V
UNPUBLISHED
CASSIE MALONE, Chief Special Master Corcoran
Petitioner, Filed: February 21, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 28, 2021, Cassie Malone 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 from Guillain-Barre Syndrome (“GBS”)
as a result of an influenza vaccination she received on October 15, 2019. Petition at 1;
Stipulation, filed at February 21, 2023, ¶¶2, 4. Petitioner further alleges that her GBS
lasted more than six months. Petition at ¶16; Stipulation at ¶4. Respondent denies “that
the flu vaccine caused Petitioner’s alleged injuries; denies that the flu vaccine significantly
aggravated any underlying injury or conditions; and denies that the flu vaccine caused
any other injury or Petitioner’s current disabilities.” Stipulation at ¶6.
Nevertheless, on February 21, 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-01625-UNJ Document 32 Filed 03/24/23 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $104,571.47 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-01625-UNJ Document 32 Filed 03/24/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CASSIE MAWNE. )
)
Petitioner, ) No. 21-1625V
) Chief Special Master Brian H. Corcoran
v. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
l. Petitioner, Cassie Malone, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Progr~ 42 U.S.C. § 300aa-IO 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. § 100.3 (a).
2. Petitioner received the vaccine on October 15, 2019.
3. The vaccine was administered within the United States.
4. The petition alleges that petitioner developed Guillain-Barre syndrome ("GBS"), as
a result of the flu vaccine. Petitioner further alleges that she experienced the residual effects of
this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages arising out of the alleged vaccine injury.
6. Respondent denies that the flu vaccine caused petitioner's alleged injwies; denies

Case 1:21-vv-01625-UNJ Document 32 Filed 03/24/23 Page 4 of 7
that the flu vaccine significantly aggravated any underlying injury or conditions; and denies that
the flu vaccine caused any other injury or petitioner's current disabilities.
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(aXl), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $104,571.47 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-1S(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner bas 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 any
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 bas been made or
can reasonably be expected to be made under any State compensation programs, insurance
policiest 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,
and represent that they have identified to respondent all known sources of payment for items or
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Case 1:21-vv-01625-UNJ Document 32 Filed 03/24/23 Page 5 of 7
services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g).
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. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' 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-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
petitioner's individual capacity, and on behalf of petitioner's 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 United States 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 vaccination as alleged by petitioner in a petition for vaccine compensation
filed on or about July 28, 2021 in the United States Court of Federal Claims as petition No. 2 l
l 625V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
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Case 1:21-vv-01625-UNJ Document 32 Filed 03/24/23 Page 6 of 7
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 confonnity with the terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
conformity with a decision that is in complete conformity with the tenns 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 t.o make any payment or t.o 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 vaccine caused petitioner's alleged injury or
any other injury or petitioner's 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 1:21-vv-01625-UNJ Document 32 Filed 03/24/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
~
CASSIE MALONE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE AI TORNEY GENERAL:
A__--
~
vM..t~ ~ \ ; ) ~
AMY SENERTII HEATHER L. PERLMAN
Muller Brazil Deputy Director
715 Twining Road Torts Branch, Civil Division
Suite 208 U.S. Department of Justice
Dresher, PA 19025 P.O. Box 146
215-885-1655 Benjamin Franklin Station
amy@mullerbrazil.com Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Henry P. Digit.Illy slgni!d by H«wy
P. Mcmillan ·SJ
by Mcmillan -S3 Date,: 2023.02.10 09'.20'.23
--05'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health and Washington, DC 20044-0146
Human Services 202-305-4035
5600 Fishers Lane, 08-N146B 12arisa. tabassian@usdoj.gov
Rockville, ?-.ID 20857
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