In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-609V
UNPUBLISHED
CARL FELTS, Chief Special Master Corcoran
Petitioner, Filed: June 3, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Simina Vourlis, Law Offices of Simina Vourlis, Columbus, OH, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION 1
On April 24, 2019, Carl Felts 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-Barre Syndrome (“GBS”) as a result of
receiving an influenza vaccine on October 21, 2016. Petition at 1; Stipulation, filed at June
1, 2021, ¶¶ 1, 4. Petitioner further alleges that the vaccine was administered within the
United States, that he experienced the residual effects of his GBS for more than six
months, and that there has been no prior award or settlement of a civil action for damages
on his behalf as a result of his condition. Petition at 9-10; Stipulation at ¶¶ 2-6.
On June 1, 2021, 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Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $509,500.00 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 the 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
CARL FELTS,
Petitioner,
V. No. 19-609V
Chief Special Master Corcoran (SPU)
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondl'nt.
STIPULATION
The patties hereby stipulate to the following matters:
I. Petitioner Carl Felts (''petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu') vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received his flu vaccination on October 21, 2016.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered Guillain-Barre Syndrome (" GBS") as a result of
receiving the flu vaccine within the time period set forth in the Table. Petitioner further alleged
that he experienced the residual effects of his G BS for more than six months.
5. There is not a preponderance of the evidence demonstrating that petitioner's GBS and
its residual effects were due to a factor unrelated to this October 21, 2016 flu vaccine.
6. 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.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine
Program for his OBS. Therefore, 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-2 I (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $509,500.00 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-l 5(a), including
pain and suffering, past and future unreimbursed medical expenses,
and actual and anticipated loss of earnings.
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)(I), 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.
I 0. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C . § 300aa- I 5(g), including 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 entities that provide health services on a pre-paid basis.
I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 ofthis Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
2
12. The patties 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-l 5(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 Comt 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 vaccination administered on October 21, 2016, as
alleged by petitioner in his petition for vaccine compensation filed on April 24, 2019 in the
United States Comt of Federal Claims as petition No. I 9-609V.
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 patty.
3
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 pa11ies' respective positions as to 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. 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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Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
\
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siMiNAvouRus
,_..Ju~~(?~
HEATHER L. PEARLMAN
Acting Deputy Director
The Law Offices of Simina Vourlis
856 Pullman Way To1ts Branch
Columbus, OH 43212 Civil Divi sion
Tel: (614) 487-5900 U.S. Department of Justice
Email : svourlis c,,vourlislaw.com P.O. Box 146
Benjamin Franklin Station
Washington , DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRET ARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
,(\~\ .e,cL::L . 0
(;A/JTD& ~ 1 D,#S~1tf:~ rr P"'-l ~ LS cuJ'--_
TAMARA OVERBY ADRIANA TEITEL
Acting Director, Division of Injury Trial Attorney
Compen sation Programs Torts Branch. Civil Division
Healthcart Systems Burea u .S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Depa1tment of Health Washington, DC 20044-0146
and Human Services Tel : (202) 616-3677
600 Fishers Lane, 08-N I 468 Email: ndt ia11~t.kit,:l 1d ·u~duj.!.!.m·
Rockville, MD 20857
Dated : o'=>iod-z,ui,I