VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01890
Package ID: USCOURTS-cofc-1_21-vv-01890
Petitioner: Andrea P. Giguere
Filed: 2021-09-22
Decided: 2023-07-24
Vaccine: influenza
Vaccination date: 2018-09-25
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 80316

AI-assisted case summary:
Andrea P. Giguere filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2021, alleging she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on September 25, 2018. She further alleged residual effects from her GBS for more than six months. Respondent denied that GBS occurred within the Table timeframe and denied that the flu vaccine caused her alleged GBS or any other injury. Despite these denials, the parties filed a joint stipulation on June 22, 2023, agreeing to a settlement. The court adopted the stipulation as its decision, awarding Andrea P. Giguere $80,000.00 as a lump sum and an additional $316.40 to satisfy a State of Rhode Island Medicaid lien. These amounts represent compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01890-0
Date issued/filed: 2023-07-24
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/22/2023) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-1890V
ANDREA P. GIGUERE, Chief Special Master Corcoran
Petitioner, Filed: June 22, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Christopher E. Hultquist, Law Office, Providence, RI, for Petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 22, 2021, Andrea P. Giguere 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 developed Guillain-Barré Syndrome (“GBS”)
as a result of receiving an influenza (“flu”) vaccine on September 25, 2018. Petition at 1;
Stipulation, filed at June 22, 2023, ¶¶ 1-4. Petitioner further alleges that she experienced
the residual effects of her GBS for more than six months. Petition at 2; Stipulation at 4.
Respondent denies “that petitioner suffered from GBS within the Table timeframe, and
denies that the flu vaccine in fact caused her alleged GBS and residual effects, or any
other injury.” Stipulation at ¶ 6.
Nevertheless, on June 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 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.
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 (2018).

Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 2 of 8
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
a. A lump sum of $80,000.00, in the form of a check payable to petitioner,
Andrea P. Giguere; and,
b. A lump sum of $316.40 to satisfy a State of Rhode Island Medicaid lien, in
the form of a check made payable jointly to Petitioner and:
R.I. Executive Office of Health and Human Services
Third Party Liability Unit
Virks Building, 3rd Floor
3 West Road
Cranston, RI 02920
Ref.: Andrea Giguere, MRN #533364
Petitioner agrees to endorse this check over to the Rhode Island Executive
Office of Health and Human Services. Stipulation at ¶ 8.
These amounts represent 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-01890-UNJ Document 36 Filed 07/24/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
ANDREA P. GIGUERE, )
)
Petitioner, )
) No. 21-1890V (ECF)
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Andrea P. Giguere (“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 sustained following
petitioner’s receipt of an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a).
2. Petitioner received a flu vaccine on September 25, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained the first symptom or manifestation of onset of
the injury Guillain-Barré syndrome (“GBS”) within the time period set forth in the Table.
Petitioner further alleges that she experienced the residual effects of her GBS 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 her condition.

Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 4 of 8
6. Respondent denies that petitioner suffered from GBS within the Table timeframe,
and denies that the flu vaccine in fact caused her alleged GBS and residual effects, or any other
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 of judgment 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)(1), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
a. A lump sum of $80,000.00, in the form of a check payable to petitioner,
Andrea P. Giguere; and,
b. A lump sum of $316.401 to satisfy a State of Rhode Island Medicaid
lien, in the form of a check made payable jointly to petitioner and:
R.I. Executive Office of Health and Human Services
Third Party Liability Unit
Virks Building, 3rd Floor
3 West Road
Cranston, RI 02920
Ref.: Andrea Giguere, MRN #533364
Petitioner agrees to endorse this check over to the Rhode Island Executive Office
of Health and Human Services.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Rhode Island may have against any individual as a result of any
Medicaid payments the Rhode Island Executive Office of Health and Human Services has made
to or on behalf of Andrea P. Giguere as a result of her alleged vaccine-related injury suffered on
or around September 25, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. §
300aa-15(g), (h).
2

Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 5 of 8
§ 300aa-15(a).
9. As soon as practicable after the entry of judgment 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-21(a)(1), 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 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-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.
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 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 Secretary of
3

Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 6 of 8
Health and Human Services and the United States of America 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 vaccine administered on
September 25, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or
about September 22, 2021, in the United States Court of Federal Claims as petition No. 21-
1890V.
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’
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 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
4

Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 7 of 8
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 of
America or the Secretary of Health and Human Services that petitioner’s alleged GBS and
residual effects, or any other injury, were caused by the flu vaccine.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner’s heirs, successors and/or assigns.
END OF STIPULATION
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Case 1:21-vv-01890-UNJ Document 36 Filed 07/24/23 Page 8 of 8