BURGARD v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:23-vv-00290-UNJ Document 35 Filed 01/09/26 Page1of7

In the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 23-290V
CATHY BURGARD, Chief Special Master Corcoran
Petitioner, Filed: December 5, 2025

V.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent.

Jessi Carin Huff, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.

Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION’

On February 27, 2023, Cathy Burgard filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, ef seq.* (the
“Vaccine Act”). Petitioner alleges that she suffered from Guillain-Barre Syndrome (“GBS”)
following the receipt of an influenza vaccine administered on November 13, 2020. Petition
at 1; Stipulation, filed at October 31, 2025, ¥ 1. Petitioner further alleges that the vaccine
was administered within the United States, that she sustained an injury within the time
period set forth in the Vaccine Injury, that she experienced the residual effects of her
condition for more than six months, and that there has been no award or settlement of a
civil action for damages on her behalf as a result of her injury. Petition at 1, 6-7; Stipulation
at J] 2-5. Respondent denies that Petitioner suffered a GBS Table injury; denies that the
flu vaccine caused or significantly aggravated Petitioner’s alleged GBS or any other injury;
and denies that her current condition is a sequela of a vaccine-related injury. Stipulation
at J 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:/Awww.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, |
agree that the identified material fits within this definition, | 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).

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
Nevertheless, on October 31, 2025, the parties filed the attached joint stipulation,3
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 Proffer, I award Petitioner a lump
sum payment of $455,000.00 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 Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The Nintex AssurSign signature pages located at pages 6-7 is omitted from the attached copy of the
stipulation.
4 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.
Case 1:23-vv-00290-UNJ Document 35 Filed 01/09/26 Page 2 of 7

Case 1:23-vv-00290-UNJ Document 35 Filed 01/09/26 Page 3 of 7

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

CATHY BURGARD,

Petitioner,
V. No. 23-290V

Chief Special Master Corcoran

SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. 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”)
vaccination, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.

§ 100.3(a).

2. Petitioner received the flu vaccination on or about November 13, 2020.

3. The vaccine was administered within the United States.

4. Petitioner alleges that the flu vaccine caused her to develop Guillain-Barre Syndrome
(“GBS”) within the time period set forth in the Table and that she experienced the residual
effects of her condition 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-00290-UNJ Document 35 _ Filed 01/09/26 Page4of7

6. Respondent denies that petitioner suffered a GBS Table injury; denies that the flu
vaccination caused or significantly aggravated petitioner’s alleged GBS, or any other injury or
condition; 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 payment of $455,000.00 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)(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 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-15(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 by entities that provide health services on a pre-paid basis.

Case 1:23-vv-00290-UNJ Document 35 Filed 01/09/26 Page5of7

11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9, will be made in accordance with 42 U.S.C. § 300aa-15(1), 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 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 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 hereafter 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 that may be alleged to have resulted from, the flu vaccination
administered on November 13, 2020, as alleged in a petition for vaccine compensation filed on
or about February 27, 2023, in the United States Court of Federal Claims as petition No. 23-
290V.

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.

Case 1:23-vv-00290-UNJ Document35_ Filed 01/09/26 Page 6of7

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 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, or that petitioner suffered a Vaccine Table injury.

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

END OF STIPULATION

Me Se BR, eS, Ss BS SR

Eerctreneaty Spee
aoe re

Case 1:23-vv-00290-UNJ

Respectfully submitted,

PETITIONER:

a

CATHY BURGARD

ATTORNEY OF RECORD FOR
PETITIONER:

Ads fl

JESSI C. HUFF

MCT Law | Maglio Christopher & Toale
1325 Fourth Avenue, Suite 1730
Seattle, WA 98101

(888) 952-5242

jhuff@mcetlaw.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Digitally signed by
Jeffrey S. Jeffrey S, Beach -S
Date: 2025.09.30
Beach -S 11:29:49 -04'00' for

Document 35

Filed 01/09/26 Page /7of7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

ded Det Mes
HEATHER L. PEARLMAN

Deputy Director

Torts Branch

Civil Division

U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146

ATTORNEY OF RECORD FOR
RESPONDENT:

Nd ONMNA ¥% Yolen

ow Wet LE eet

CAPT GEORGE REED GRIMES, MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau
Health Resources and Services
Administration

U.S. Department of Health and Human Services

5600 Fishers Lane, 14W-18
Rockville, MD 20857

Dated: lo) 74] 20.5

wa

JULIANNA R. KOBER
Trial Attorney

Torts Branch

Civil Division

U.S. Department of Justice
P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
(202) 742-6375
Julianna.R.Kober@usdoj.gov