VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-01566 Package ID: USCOURTS-cofc-1_23-vv-01566 Petitioner: Luis Tan Filed: 2025-03-20 Decided: 2025-05-02 Vaccine: influenza Vaccination date: 2022-09-14 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Luis Tan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 14, 2022. He also received a COVID-19 vaccine on the same day. Mr. Tan claimed GBS as a defined Table injury or, alternatively, as a condition caused-in-fact by the flu vaccine. He stated that he received the vaccination in the United States, experienced residual effects for more than six months, and had not filed any civil action or received prior compensation for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. Tan sustained a GBS Table injury within the specified timeframe and denied that the flu vaccine caused his GBS or current condition. Despite these differing positions, the parties reached a joint stipulation to settle the case. The court adopted the stipulation, awarding Mr. Tan a lump sum of $30,000.00 for all damages available under the Vaccine Act. This amount is intended to compensate for all items of damages, and the parties agreed to submit to further proceedings for attorneys' fees and costs. The stipulation also included a release of claims related to the flu and COVID-19 vaccines, including any potential claims under the Countermeasures Injury Compensation Program (CICP). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-01566-0 Date issued/filed: 2025-05-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 03/20/2025) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1566V LUIS TAN, Chief Special Master Corcoran Petitioner, Filed: March 20, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad, LLP, New York, NY, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 12, 2023, Luis Tan 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, or in the alternative, caused-in-fact injury, after receiving an influenza (“flu”) vaccine on September 14, 2022. Petition at ¶¶ 2, 22-23; Stipulation, filed Mar. 20, 2025, ¶¶ 1-2, 4. Petitioner also alleges that he received the flu 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 ¶¶ 2, 27-28; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a GBS Table injury, within the Table time period, and further denies that the flu vaccine caused [P]etitioner to suffer GBS or any other injury or his current condition.” 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 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 2 of 8 Nevertheless, on March 20, 2025, 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 $30,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 3 of 8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LUIS TAN, ) ) Petitioner, ) ) No. 23-1566V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALT H AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Luis Tan, 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 an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on September 14, 2022.1 3. The vaccination was administered within the United States. 4. Petitioner alleges that he sustained a Guillain-Barre syndrome ("GBS") Table injury 1 On September 14, 2022, petitioner also received a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Hwnan Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countenneasures Injury Compensation Program ("ClCP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). Case 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 4 of 8 following administration oft.he flu vaccine, and that he experienced the residual effects of this condition for more than six months. In the alternative, petitioner alleges that his OBS was caused in fact by the flu vaccine. 5. Petitioner represents that there bas been no prior award or settlement of a civil action for damages on his behalf as a result of bis condition. 6. Respondent denies that petitioner sustained a GBS Table injury, within the Table time period, and further denies that the flu vaccine caused petitioner to suffer GBS or any other injury or his 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 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $30,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement 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 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)(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. Case 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 5 of 8 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 State health benefits programs (o ther 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 of this Stipulation 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 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 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 Case 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 6 of 8 from, or alleged to have resulted from, the vaccinations administered on September 14, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about September 12, 2023, in the United States Court of Federal Claims as petition No. 23-1566V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injwy Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d- 6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on September 14, 2022, on its own or in combination with the flu vaccination also administered on September 14, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about September 12, 2023, in the United States Court of Federal Claims as petition No. 23-l 566V. including GBS, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CI CP. 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. 15. If the special master fails to issue a decision in complete confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 2 After entry ofj udgment reflecting a decision consistent with the tenns of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. Case 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 7 of 8 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 otheiwise 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 GBS, or any other injury or 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 I I I I I I I I I I Case 1:23-vv-01566-UNJ Document 39 Filed 05/02/25 Page 8 of 8 Respectfully submitted, PETITIONER: LUIS TAN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ ~\,l,f?,e."-' L/,MI',, ..____ HEATHER L. PEARLMAN Counsel for Petitioner Deputy Director Siri Glimstad Torts Branch, Civil Division 745 Fifth Avenue, Suite 500 U.S. Department of Justice New York, NY 10151 P.O. Box 146 cwilliams@sirilJp.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPO~DENT: AND HUMAN SERVICES: Jeffrey $. Dlgitallysigned by Jeffrey S. Beach •S Be ac h -5 _ Date: 2025.03.10 14:22:28-04'00' for CAPT GEORGE REED GRIMES. MD, MPH Director, Division of Injury Trial Attorney Compensation Programs To1ts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W- 25A 202~307-1815 Rockville, Md 20857 Kimberly.Davey@usdoj.gov 3J Dated: p.4 \ o,Oq\ $ "" ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_23-vv-01566-cl-extra-10927504 Date issued/filed: 2025-05-02 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10460916 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1566V LUIS TAN, Chief Special Master Corcoran Petitioner, Filed: March 20, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Williams, Siri & Glimstad, LLP, New York, NY, for Petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 12, 2023, Luis Tan 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, or in the alternative, caused-in-fact injury, after receiving an influenza (“flu”) vaccine on September 14, 2022. Petition at ¶¶ 2, 22-23; Stipulation, filed Mar. 20, 2025, ¶¶ 1-2, 4. Petitioner also alleges that he received the flu 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 ¶¶ 2, 27-28; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a GBS Table injury, within the Table time period, and further denies that the flu vaccine caused [P]etitioner to suffer GBS or any other injury or his current condition.” 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). Nevertheless, on March 20, 2025, 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 $30,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LUIS TAN, ) ) Petitioner, ) ) No. 23-1566V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: 1. Luis Tan, 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 an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on September 14, 2022. 1 3. The vaccination was administered within the United States. 4. Petitioner alleges that he sustained a Guillain-Barre syndrome ("GBS") Table injury 1 On September 14, 2022, petitioner also received a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. § 100.3(a). Pursuant to the declaration issued by the Secretary of Health and Hwnan Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countenneasures Injury Compensation Program ("ClCP"). See 85 Fed. Reg. 15198, 15202 (March 17, 2020). following administration oft.he flu vaccine, and that he experienced the residual effects of this condition for more than six months. In the alternative, petitioner alleges that his OBS was caused in fact by the flu vaccine. 5. Petitioner represents that there bas been no prior award or settlement of a civil action for damages on his behalf as a result of bis condition. 6. Respondent denies that petitioner sustained a GBS Table injury, within the Table time period, and further denies that the flu vaccine caused petitioner to suffer GBS or any other injury or his 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 ofjudgment 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 payment: A lump sum of $30,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement 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-21(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 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 of this Stipulation 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 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 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 vaccinations administered on September 14, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about September 12, 2023, in the United States Court of Federal Claims as petition No. 23-1566V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injwy Compensation Program (CICP), 42 U.S.C. § 247d-6e (or an action under 42 U.S.C. § 247d- 6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on September 14, 2022, on its own or in combination with the flu vaccination also administered on September 14, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about September 12, 2023, in the United States Court of Federal Claims as petition No. 23-l 566V. including GBS, for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 14. If petitioner should die prior to entry ofjudgment, 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 confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 2 After entry ofjudgment reflecting a decision consistent with the tenns of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 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 otheiwise 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 GBS, or any other injury or 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 I I I I I I I I I I Respectfully submitted, PETITIONER: LUIS TAN ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ ~\,l,f?,e."-' L/,MI',, ..____ HEATHER L. PEARLMAN Counsel for Petitioner Deputy Director Siri Glimstad Torts Branch, Civil Division 745 Fifth Avenue, Suite 500 U.S. Department of Justice New York, NY 10151 P.O. Box 146 cwilliams@sirilJp.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPO~DENT: AND HUMAN SERVICES: Jeffrey $. Jeffrey Dlgitallysigned by S. Beach •S Date: 2025.03.10 Beach -5 _ 14:22:28-04'00' for CAPT GEORGE REED GRIMES. MD, MPH Director, Division of Injury Trial Attorney Compensation Programs To1ts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A 202~307-1815 Rockville, Md 20857 Kimberly.Davey@usdoj.gov Dated: 3J p.4 \ o,Oq\$""