BIEBER v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:23-vv-00309-UNJ Document45_ Filed 01/07/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 23-309V

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BRIAN BIEBER,

Petitioner, UNPUBLISHED

Vv.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Filed: November 19, 2025

Respondent.

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Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.
Camille Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT SITPULATION!

On March 1, 2023, Brian Bieber (‘Petitioner’) filed a petition, seeking compensation under
the National Vaccine Injury Compensation Program (‘the Vaccine Prograny’).” Pet., ECF No. 1.
Petitioner alleges he suffered from a left axillary neunitis as a result of the influenza (“flu’’)
vaccination he received on October 29, 2020. See Stipulation {1 2, 4, dated November 19, 2025
(ECF No. 40); see also Petition.

Respondent denies “that petitioner’s alleged axillary neuritis or its residual effects were
causec-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”

Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10-34 (2012)) (hereinafter
“Vaccine Act” or “the Act’). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
or petitioner’s current condition.” See Stipulation ¶ 6. Nonetheless, both parties, while
maintaining their above-stated positions, agreed in a stipulation filed November 19, 2025, that the
issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $22,500.00 be paid through an ACH deposit to petitioner's counsel's IOLTA
account for prompt disbursement to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a). Id.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Jennifer A. Shah
Jennifer A. Shah
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
Case 1:23-vv-00309-UNJ Document 45 Filed 01/07/26 Page 2 of 7

Case 1:23-vv-00309-UNJ Document 45 Filed 01/07/26 Page 3of7

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

BRIAN BIEBER,

Petitioner, No. 23-309V
Special Master Shah
v. ECF
SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Brian Bieber (“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 vaccine is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. § 100.3(a)

2. Petitioner received a flu vaccine on October 29, 2020.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner suffered axillary neuritis that was caused-in-fact by
the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the
alleged injury for more than six months.

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

for damages on petitioner’s behalf as a result of the alleged injury.

Case 1:23-vv-00309-UNJ Document45_ Filed 01/07/26 Page4of7

6. Respondent denies that petitioner’s alleged axillary neuritis or its residual effects
were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other
injury or petitioner’s 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)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:

A lump sum payment of $22,500.00 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

reasonably be expected to be made under any State compensation programs, insurance policies,

Case 1:23-vv-00309-UNJ Document 45 Filed 01/07/26 Page5of7

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 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 attorney’s 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 flu vaccination administered on or about October 29,
2020, as alleged in a petition for vaccine compensation filed on or about March 1, 2023, in the

United States Court of Federal Claims as petition No. 23-309V.

Case 1:23-vv-00309-UNJ Document45_ Filed 01/07/26 Page 6of7

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 flu vaccine caused petitioner’s alleged injury or
any other injury or petitioner’s current disabilities.

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

END OF STIPULATION

Case 1:23-vv-00309-UNJ

Respectfully submitted,

PETITIONER:

po he

Document 45

BRIAN BIEBER

ATTORNEY OF RECORD
FOR PETITIONER:

(2a

BRYNNA GANG

KRAUS LAW GROUP, LLC

111 W. Jackson Blvd., Ste. 1700
Chicago, IL 60604

(312) 319-5275

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Digitally signed by
Jeffrey S. —efeys beach-s

Date: 2025.11.07
09:26:43 -05'00" for

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Filed 01/07/26 Page 7of7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

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:

Cn

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: 11/19 /@s

CAMILLE J. WEBSTER
Trial Attorney

Torts Branch

Civil Division

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

Benjamin Franklin Station
Washington, DC 20044-0146
(202) 307-3241
Camille.Webster@usdoj.gov