VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00065
Package ID: USCOURTS-cofc-1_23-vv-00065
Petitioner: Mary Davis
Filed: 2023-01-18
Decided: 2024-02-26
Vaccine: influenza
Vaccination date: 2020-11-03
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Mary Davis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on November 3, 2020. The influenza vaccine is listed on the Vaccine Injury Table, and Ms. Davis alleged that her GBS was either a Table injury or caused-in-fact by the vaccine, and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Davis sustained a Table injury or that the vaccine caused her GBS or any other condition. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Ms. Davis a lump sum of $135,000.00 for all items of damages. This award represents a settlement of liability and damages, and the stipulation explicitly states it is not an admission by the United States that the vaccine caused the alleged injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00065-0
Date issued/filed: 2024-02-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/25/2024) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0065V
MARY DAVIS, Chief Special Master Corcoran
Petitioner,
v. Filed: January 25, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for
Petitioner.
Michael Joseph Lang, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 18, 2023, Mary Davis filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On November 3, 2020, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleged that she developed Guillain-Barré syndrome (“GBS”) within the time
period set forth in the Table or, in the alternative, that her alleged GBS was caused-in-
fact by the vaccine. Petitioner further alleges that she experienced the residual effects of
her injury for more than six months. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 2 of 7
Respondent denies that Petitioner sustained a Table injury; denies that the flu
vaccine caused Petitioner to suffer GBS; and further denies that the flu vaccine caused
Petitioner to suffer from any other injury or her current condition.
Nevertheless, on January 25, 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. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
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 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY DAVIS,
No. 23-65V
Petitioner,
Chief Special Master Corcoran
ECF
V.
SECRETARY OF HEALTH AND HUMAN
SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. Petitioner Mary Davis ("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 vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R.
§ I 00.3(a).
2. Petitioner received the influenza vaccine on November 3, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered Guillain-Barre Syndrome ("GBS") within the
time period set forth in the table or, in the alternative, that her alleged GBS was caused-in-fact
by the vaccine. Petitioner further alleges that she experienced the residual effects of her injury
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 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 4 of 7
6. Respondent denies that petitioner sustained a Table injury; denies that the influenza
vaccine caused petitioner to suffer from GBS; and further denies that the influenza vaccine
caused petitioner to suffer from any other injury or her current condition.
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)(I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
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 ofj udgment on entitlement in th is case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21 (a)(]), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' foes and costs incurred in proceeding
upon this petition.
I 0. 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-l 5(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.
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Case 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 5 of 7
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-I 5(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-l 5(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 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. § 300 aa-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 influenza vaccination administered on November 3,
2020, as alleged in a petition for vaccine compensation filed on or about January 18, 2023, in the
United States Court of Federal Claims as petition No. 23-65V.
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.
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Case 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 6 of 7
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 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 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 flu vaccine caused petitioner's alleged injury or
any other injury or her 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
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Case 1:23-vv-00065-UNJ Document 49 Filed 02/26/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
MARY DAVIS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~£~ ~KQe,
____ AM- 1 /\1\.---._
HEATHER L. PEARLMAN
Maglio Christopher & Toale Deputy Director
101515thStNW,Suite 1125 Torts Branch
Washington, DC 20005 Civil Division
Tel: (888) 952-5242 U.S. Department of Justice
ccostigan@mctlaw.com P.O. Box 146
Benjamin Franklin Station
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
DigitallyslgnedbyGeorgeR.
Grimes ·S14
-$ 14
Date:2024.01.1614:13:45-0S'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial 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 Washington, DC 20044-0146
and Human Services Tel: (202) 880-0239
5600 Fishers Lane, 08W-25A Michae1.Lang3@usdoj.gov
Rockville. MD 20857
Dated:
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