VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00795
Package ID: USCOURTS-cofc-1_22-vv-00795
Petitioner: Warren Erbsen
Filed: 2022-07-21
Decided: 2024-03-04
Vaccine: influenza
Vaccination date: 2020-11-06
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Warren Erbsen filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on November 6, 2020, caused him to develop Guillain-Barré syndrome (GBS). He claimed this was a Table injury and that the residual effects lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Erbsen's GBS or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case. They entered into a joint stipulation agreeing that the issues could be resolved and that Mr. Erbsen should be awarded compensation. The Special Master reviewed the stipulation and found it to be reasonable, adopting it as the decision. The stipulation awarded Mr. Erbsen a lump sum of $85,000.00 as compensation for all available damages. Judgment was to be entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00795-0
Date issued/filed: 2024-03-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/22/2024) regarding 38 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:22-vv-00795-UNJ Document 42 Filed 03/04/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-795V
Filed: January 22, 2024
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WARREN ERBSEN,
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Petitioner, *
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v.
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SECRETARY OF HEALTH AND *
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HUMAN SERVICES,
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Respondent. *
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Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner
Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On July 21, 2022, Warren Erbsen (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges that as a result of the influenza (“flu”) vaccination he received on
November 6, 2020, he suffered a Table injury of Guillain-Barré syndrome, or in the alternative, an
injury caused-in-fact injury by the flu vaccine, with residual effects of the alleged injury lasting
for more than six months. See Stipulation ¶ 2, 4, dated January 22, 2024 (ECF No. 37); see also
Petition.
1 Because this Decision contains a reasoned explanation for the action 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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:22-vv-00795-UNJ Document 42 Filed 03/04/24 Page 2 of 7
Respondent denies “that the flu vaccine caused petitioner to develop GBS or any other
injury or condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-
stated positions, agreed in a stipulation filed January 22, 2024 that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $85,000.00 in the form of a check payable to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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