COOPER v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: December 11, 2025

* Kk * * K K KK KK Ke HK *
JERRY LEE COOPER, *
*
Petitioner, * No. 22-1095V
*
V. * Special Master Nora Beth Dorsey
*
SECRETARY OF HEALTH ** Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Guillain
* Barré Syndrome (“GBS”).
Respondent. *
*
* * * * * * K K K HK HK HK HK *

Edward Kraus, Green & Schafle, LLC, Philadelphia, PA, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION'

August 25, 2022, Jerry Lee Cooper (“Petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“Vaccine Act” or “the Program’), 42
U.S.C. § 300aa-10 et seq. (2018).? Petitioner alleges that he suffered Guillain Barré syndrome
(“GBS”) as a result of an influenza (“flu’’) vaccination that he received on October 14, 2019.
Petition at Preamble (ECF No. 1).

' Because this Decision contains a reasoned explanation for the action in this case, the
undersigned is required to post it 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, the undersigned agrees that the
identified material fits within this definition, the undersigned will redact such material from
public access.

The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-10 to -34 (2018). All citations in this Ruling to individual sections of the
Vaccine Act are to 42 U.S.C. § 300aa.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
December 11, 2025, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 79). Respondent denies that Petitioner
sustained a Table injury; denies that the vaccine caused Petitioner’s alleged injuries, or any other
injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. Id.
at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
(1) A lump sum payment of $15,000.00 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). Stipulation at ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 Page 2 of 7

Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 Page 3of7

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS

JERRY LEE COOPER,

Petitioner,
No. 22-1095V (ECF)
V. Special Master Dorsey

SECRETARY OF HEALTH
AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Jerry Lee Cooper, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 ef seq. (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”’),
42 C.F.R. § 100.3(a).

2. Petitioner received an influenza vaccine on October 14, 2019, in the left arm. !

3. The vaccination was administered within the United States.

4. Petitioner alleges that petitioner sustained Guillain Barré Syndrome, as set forth in the
Table, and myasthenia gravis as a result of the influenza vaccination. Petitioner further alleges
that petitioner experienced the residual effects of this condition for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action

' On September 25, 2019, petitioner received a shingles vaccine, which is not contained in the
Vaccine Injury Table.

Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 Page4of7

for damages on petitioner’s behalf as a result of petitioner’s condition.

6. Respondent denies that petitioner sustained a Table injury; denies that the vaccine
caused petitioner’s alleged injuries, or any other injury; and denies that petitioner’s current
condition is a sequela of a vaccine-related injury.

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)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:

A lump sum of $15,000.00 payable to petitioner, 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)(1), 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 petitioner’s 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

Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 Page5of7

reasonably be expected to be made under any State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XTX 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 unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for petitioner’s benefit 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 petitioner’s
individual capacity, and on behalf of petitioner’s 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 Vaccine Program, 42 U.S.C.

§ 300aa-10 ef seqg., 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 shingles vaccination administered on September 25, 2019, or the

influenza vaccination administered on October 14, 2019, as alleged by petitioner in a petition for

Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 Page 6of7

vaccine compensation filed on or about August 25, 2022, in the United States Court of Federal
Claims as petition No. 22-1095V.

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 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 influenza vaccine caused petitioner’s alleged
injury or any other injury or petitioner’s current disabilities, or that petitioner suffered an injury
contained in the Vaccine Injury Table.

18. Allrights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.

END OF STIPULATION

Case 1:22-vv-01095-UNJ Document 81 Filed 01/05/26 + Page 7 of 7

Respectfully submitted,

PETITIONER?

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- ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
he ae HA— dApo\ehua yt Peon nr
EDWARD KRAUS HEATHER L. PEARLMAN
Kraus Law Group, LLC Deputy Director
111 West Jackson Blvd. Torts Branch
Suite 1700 Civil Division
Chicago, Illinois 60604 U.S. Department of Justice
312-858-2177 P.O. Box 146
ekraus@krauslawyers.com Benjamin Franklin Station

Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:

Digitally signed by
Jeffrey S : Jeffrey S, Beach -S

Beach-S SR for
CAPT GEORGE REED GRIMES, MD, MPH NASEEM
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
5600 Fishers Lane, 08W-25A (202) 305-1159
Rockville, MD 20857 Naseem. Kourosh@usdo}.gov

Dated: 2 [Nf{A0KS