ANDREWS-PANNONE v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-vv-01584-UNJ Document 37 Filed 01/12/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: December 16, 2025

* Kk * * K K KK KK Ke HK *
ELIZABETH ANDREWS-PANNONE, *
*
Petitioner, * No. 24-1584V
*
V. * Special Master Nora Beth Dorsey
*
SECRETARY OF HEALTH ** Decision Based on Stipulation;
AND HUMAN SERVICES, * Pneumococcal Conjugate (“Prevnar’’)
* Vaccine; Guillain Barré Syndrome (“GBS”’);
Respondent. * Bell’s Palsy.
*
* OF FF KK * KK *K KK KK KK K KK K HK *K

Laura Levenberg, Muller Brazil, PA, Dresher, PA, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION'

On October 4, 2024, Elizabeth Andrews-Pannone (“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 she suffered Guillain
Barré syndrome (“GBS”) and Bell’s palsy as a result of a pneumococcal conjugate (“Prevnar’’)
vaccination that she received on September 26, 2022. 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
On December 16, 2025, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 33). Respondent denies that Petitioner’s
alleged GBS, Bell’s palsy, or any of the residual effects were caused-in-fact by the Prevnar
vaccine; and denies that the Prevnar vaccine caused Petitioner any other injury or Petitioner’s
current condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A.3 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) An lump sum payment of $75,000.00 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.4
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 The Vinesign e-signature form has been omitted from Appendix A.
4 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 1:24-vv-01584-UNJ Document 37 Filed 01/12/26 Page 2 of 7

Case 1:24-vv-01584-UNJ Document 37 Filed 01/12/26 Page3of7
Vinesign Document ID: 5197B9FD-33D2-4C6E-BAC8-423F1CE00152

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

ELIZABETH ANDREWS-PANNONE,
No. 24-1584V
Petitioner, Special Master Nora Beth Dorsey
ECF
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION

The parties hereby stipulate to the following matters:

1. Elizabeth Andrews-Pannone (“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 a pneumococcal conjugate (“Prevnar”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a)

2. Petitioner received a Prevnar vaccine on September 26, 2022.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner suffered Guillain-Barré Syndrome (“GBS”) and
Bell’s Palsy (“BP”) that were caused-in-fact by the Prevnar vaccine. Petitioner further alleges
that petitioner suffered the residual effects of these alleged injuries 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.

The signed document can be validated at https://app.vinesign.com/Verify

Case 1:24-vv-01584-UNJ Document 37 Filed 01/12/26 Page4of7

6. Respondent denies that petitioner’s alleged GBS, BP, or any of the residual effects
were caused-in-fact by the Prevnar vaccine; and denies that the Prevnar 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 for all damages that would be available under 42
U.S.C. § 300aa-15(a):

A lump sum of $75,000.00 to be paid through an ACH deposit to petitioner’s
counsel’s IOLTA account for prompt disbursement to petitioner.

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,
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 1:24-vv-01584-UNJ Document 37 Filed 01/12/26 Page5of7

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 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 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 Prevnar vaccination administered
on September 26, 2022, as alleged in a petition for vaccine compensation filed on or about
October 4, 2024, in the United States Court of Federal Claims as petition No. 24-1584V.

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 1:24-vv-01584-UNJ Document 37 Filed 01/12/26 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 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 Prevnar vaccine caused petitioner’s alleged
injuries 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 1:24-vv-01584-UNJ Document 37

Respectfully submitted,

PETITIONER:

ot

ELIZABETH ANDREWS-PANNONE

ATTORNEY OF RECORD FOR
PETITIONER:

Le. prrm—

LAURA J. LEVENBERG
Muller Brazil

715 Twining Road, Suite 208
Dresher, PA 19025

(215) 885-1655
laura@mullerbrazil.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Digitally signed by Jeffrey

Jeffrey S. S. Beach -S

Beach -S Bate 25.1210 105154 for
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: (2) [2028

Filed 01/12/26 Page 7 of 7

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:

Modlin E Yl

MADELYN E. WEEKS

Trial Attorney

Torts Branch

Civil Division

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

Benjamin Franklin Station
Washington, DC 20044-0146
(202) 451-7312
madelyn.e.weeks@usdoj.gov