VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00564
Package ID: USCOURTS-cofc-1_22-vv-00564
Petitioner: Warren Knecht
Filed: 2022-05-24
Decided: 2024-06-07
Vaccine: influenza
Vaccination date: 2019-11-06
Condition: Guillain-Barré Syndrome
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Warren Knecht filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 6, 2019. He claimed the GBS was a Table injury and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Mr. Knecht sustained a GBS Table injury or that the flu vaccine caused his condition. Despite these opposing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Mr. Knecht a lump sum of $135,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The stipulation also noted that Mr. Knecht received a Shingrix vaccine on October 23, 2019, but this vaccine was not a covered vaccine under the Vaccine Injury Table. The case was resolved through this stipulation, avoiding further litigation on the merits of causation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00564-0
Date issued/filed: 2024-06-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/03/2024) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0564V
WARREN KNECHT, Chief Special Master Corcoran
Petitioner, Filed: May 3, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 24, 2022, Warren Knecht 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 Guillain-Barré Syndrome (“GBS”), a
defined Table injury, after receiving the influenza (“flu”) on November 6, 2019. Petition at
1, ¶¶ 1, 9; Stipulation, filed May 1, 2024, ¶¶ 1-2, 4. Petitioner further alleges that he
received the vaccine within the United States, that he suffered the residual effects of his
GBS for more than six months, and that neither he nor any other party has filed a civil
action or received compensation for his GBS. Petition at ¶¶ 1, 8-10; Stipulation at ¶¶ 3-5.
“Respondent denies that [P]etitioner sustained a GBS Table injury; denied that the flu
vaccine caused [P]etitioner to suffer from GBS, or any other injury; and denies that his
current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
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 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 Page 2 of 7
Nevertheless, on May 1, 2024, 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 $135,000.00 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 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
WARREN KNECHT,
Petitioner, No. 22-564V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner Warren Knecht ("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 contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on November 6, 2019.1
3. This vaccine was administered within the United States.
4. Petitioner alleges that he suffered Guillain-Barre syndrome ("OBS") within the
time period set forth in the Table following administration of the flu vaccine. Petitioner further
alleges that he experienced the residual effects of his injury for more than six months.
1 On October 23, 2019, petitioner Shingrix vaccine. The Shingrix vaccine is not a covered
vaccine in the Vaccine Injury Table, 42 C.F.R. § 100.3(a).

Case 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil
action for damages on his behalf as a result of his condition.
6. Respondent denies that petitioner sustained a GBS Table injury; denies that the flu
vaccine caused petitioner to suffer from GBS, or any other injury; and denies that his current
condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the patties neve1theless 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)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payments:
A lump sum of$135,000.00 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 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-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 his 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
2

Case 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 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 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 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 Com1 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 Shringix vaccine administered on October 23, 2019,
or the influenza vaccination administered on November 6, 2019, as alleged in a petition for
vaccine compensation filed on or about May 24, 2022, in the United States Com1 of Federal
Claims as petition No. 22-564V.
3

Case 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 Page 6 of 7
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 confonnity
with a decision that is in complete confo1mity with the terms of this Stipulation, then the pm1ies'
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 pm1ies 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 Shingrix or flu vaccines caused petitioner's
alleged injury or any other injury or his current disability, 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 1:22-vv-00564-UNJ Document 32 Filed 06/07/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
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ARRENKN~HT
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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LEAHY D T HEATHER L. PEARLMAN
Law Offices of Leah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch
Washington, D.C. 20006 Civil Division
(202) 775-9200 U.S. Department of Justice
E-mail: ldurant@durantllc.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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CDR GEORGE REED GRJMES, MD, l'vfPH BRIDGETI\.CORRIDON
Director, Division of Injury 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
S600 Fishers Lane, 08W-25A Tel: (202) 305-4117
Rockville, MD 20857 E-mail: Bridget.Corridon@usdoj ,gov
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