STEWART v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:21-vv-01258-UNJ Document67_ Filed 01/05/26 Page1of7

Sn the Anited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: December 9, 2025
*K OK OK OK OK OK OK UK OK OK OK OK OK
JERRY STEWART, *
*
Petitioner, * No. 21-1258V
*
V. * Special Master Gowen
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *

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Diana L. Stadelnikas, Mctlaw, Sarasota, FL, for petitioner.
Dorian Hurley, Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION!

On Apnil 20, 2021, Jeny Stewart (“petitioner”) filed a claim for compensation in the
National Vaccine Injury Compensation Program.” Petition (ECF No. 1). Petitioner alleges that
as a result of receiving the influenza (‘flu’) he suffered autoimmune encephalitis and
neuromyelitis optica spectrum disorder. Id.

On December 9, 2025, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 65).° Respondent denies
that petitioner’s alleged autoimmune encephalitis and neuromyelitis optica spectrum disorder, or
their residual effects were caused-in-fact or significantly aggravated by the flu vaccine; and

1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision
will appear at https://www.govinto.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims
website. This means the decision will be available to anyone with access to the Internet. Before the decision is
posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information
fumished 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Id.

2 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-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

3 The stipulation was signed using an electronic signature and the electronic signature page was removed as it
contains petitioner’s confidential information.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

denies that the flu vaccine caused petitioner any other injury or current condition. Id. at 6.
Nevertheless, maintaining their positions, the parties now agree that the issues between them
shall be settled and that a decision should be entered awarding compensation to petitioner
described in the stipulation, attached hereto as Appendix A.
The stipulation provides:
1) A lump sum payment of $105,000.00, to be paid through an ACH deposit to
petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
These amounts represent compensation for all damages that would be available
to petitioner under 42 U.S.C. § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in
accordance with the terms of the parties’ stipulation.4
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
4 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
Case 1:21-vv-01258-UNJ Document 67 Filed 01/05/26 Page 2 of 7

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Document 67 ~—_— Filed 01/05/26

Case 1:21-vv-01258-UNJ

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

JERRY STEWART,
Petitioner, No. 21-1258V
Special Master Gowen
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Jerry Stewart (“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 September 18, 2019,

3. The vaccine was administered within the United States.

4, Petitioner alleges that petitioner suffered from autoimmune encephalitis and
neuromyelitis optica spectrum disorder that was caused-in-fact or significantly aggravated by the
flu 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 injuries.

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6. Respondent denies that petitioner's alleged autoimmune encephalitis and
neuromyelitis optica spectrum disorder or their residual effects were caused-in-fact or
significantly aggravated by the flu vaccine; and denies that the flu vaccine caused petitioner any
other injury or his 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 payment of $105,000.00 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-1 5{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
ULS.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,

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Case 1:21-vv-01258-UNJ

Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
ULS.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 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 flu vaccination administered on
September 18, 2019, as alleged in a petition for vaccine compensation filed on or about April 20,

2021, in the United States Court of Federal Claims as petition No. 21-1258V.

‘aye

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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 or significantly aggravated
petitioner’s alleged injuries or any other injury or condition, or that his current condition is a
sequela of a vaccine-related 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 /

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Respectfully submitted,

PETITIONER:
JERRY STEWART
ATTORNEY OF RECORD FOR

metlaw

1515 Ringling Blvd., Suite 700
Sarasota, FL 34236

Telephone: 888.952.5242

Email: dstadelnikas@mctlaw.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Jeffrey S. Digitally Signed by Jefrey
Date: 2025.11.25 14:38:07

Beach -S S00 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: _ 12]9] 2025

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

tbe rr Pe er tv —_

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:

Ottam tule

DORIAN HURLEY (QU
Trial Attorney

Torts Branch

Civil Division

U.S. Department of Justice

P.O. Box 146

Benjamin Franklin Station
Washington, DC 20044-0146
Phone: (202) 353-7751

Email: dorian.hurley@usdoj.gov