TUBBS v. SECRETARY OF HEALTH AND HUMAN SERVICES

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Case 1:19-vv-01693-UNJ Document109 Filed 01/06/26 Page1of8

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
No. 19-16963V

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RAVEN TUBBS,
Petitioner, UNPUBLISHED

Vv.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Filed: December 10, 2025

Respondent.

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John Robert Howe, Jr., Howie Law, P.C., Dallas, TX, for Petitioner.
Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT SITPULATION!

On October 31, 2019, Raven Tubbs (‘‘Petitioner’) filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (‘the Vaccine Program’).* ECF No. 1
(“Pet.”). Petitioner alleges she suffered from Guillain-Barré syndrome (“GBS”) as a result of the
influenza (“flu”) vaccination she received on October 20, 2016, as defined by the Vaccine Injury
Table (“Table”) or, in the altemative, that the vaccine was the cause in fact of her injuries. See
Stipulation {| 2, 4, dated December 10, 2025 (ECF No. 101); see also Pet.

Respondent denies “that [P]etitioner sustained the onset of a GBS Table injury within the

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted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
time period set forth in the Table; [and] denies that the vaccine caused or significantly aggravated
[P]etitioner’s alleged injuries or any other injury or [P]etitioner’s current disabilities.” See
Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed
in a stipulation filed December 10, 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 $350,000.00 to 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.
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Document 109
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18. 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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Case 1:19-vv-01693-UNJ

Respectfully submitted,
PETITIONER:

VEN TUB:

ATTORNEY OF RECORD FOR
PETITIONER:

Document 109

J R. HOWIE, JR.
Howic Law, P.C.

2608 Hibemia St.

Dallas, Texas 75204
Telephone: (214) 622-6340
Facsimile; (214) 622-6341
jhowie@howielaw.nei

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

JeffreyS. jgarieesy

!
Beach-S / (yeeenn we

CAPT GEORGE REED GRIMES, MD,
MPH Director, Division of Injury
Compensation Programs
Health Systems Bureay
Health Resources and Services
Administration
U.S. Department of Health
and Human Services
$600 Fishers Lane, 14W-|8
Rockville, MD 20857

paren: [2/10/2025

Filed 01/06/26 Page 8of8

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

HEATHER L. PEARLMAN
Deputy Direcior

Torts Branch

Civil Division

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

Benjamin Franklin Station
Washingion, DC 20044-0146

ATTORNEY OF RECORD FOR
RESPONDENT: 9

rnd

LAUREN KELLS 6
Trial Attomey

Torts Branch

Civil Division

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

Benjamin Franklin Station
Washington, DC 20044-0146
202-616-4187

lauren. kells@usdoj.gov