FLATT v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:22-vv-00416-UNJ Document57_ Filed 01/08/26 Page1of7

In the Guited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: November 6, 2025

* KF FF FF OF CK CK OK K KR K KK KK KK OK

MARY FLATT,

Petitioner, No. 22-416V

Vv. Special Master Gowen

SECRETARY OF HEALTH
AND HUMAN SERVICES,

Respondent.
* OK *% * * KK K KK * K K K KH HK HK

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner.
James V. Lopez, U.S. Department of Justice, Washington, D.C., for respondent.

* * * * © * *¥ ¥ ¥ KK KX K

DECISION ON STIPULATION!

On April 11, 2022, Mary Flatt (“‘petitioner’’) filed her claim in the National Vaccine
Injury Compensation Program (“VICP”).” Petition, pmbl., ECF No. 1. Petitioner alleges that the
influenza (‘flu’) vaccine caused her to suffer injuries including Guillain-Barré syndrome
(“GBS”). Id.

On November 4, 2025, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation, ECF No. 52. Respondent denies that
the flu vaccine petitioner received caused her to suffer GBS, or any other injury, or her current
condition. /d. at § 6. Nevertheless, maintaining their respective positions, the parties now agree
that the issues between them settled and that a decision should be entered awarding petitioner
compensation in accordance with the stipulation attached hereto as Appendix A. Jd. at § 7.

' 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.govinfo.gov/app/collection/uscourts/national/cofe 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
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). “An objecting party must provide the court with a proposed
redacted version of the decision.” /d. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. Jd.

> 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 et seg. (2023)
(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.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

2
The stipulation provides:
1) 	A lump sum payment of $95,000.00 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).
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.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
Case 1:22-vv-00416-UNJ Document 57 Filed 01/08/26 Page 2 of 7

Case 1:22-vv-00416-UNJ Document57_ Filed 01/08/26 Page 3of7

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

)
MARY FLATT, )
}
Petitioner, )
) No. 22-416V
v. ) Special Master Thomas L. Gowen

) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)

STIPULATION

The parties hereby stipulate to the following matters:

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

2. Petitioner received the flu vaccine on October 29, 2019.

3. The vaccine was administered within the United States.

4. Petitioner alleges the flu vaccine caused her to develop Guillain-Barre syndrome
(“GBS”), and that she experienced residual effects of this 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 her behalf as a result of her alleged injury.

6. Respondent denies that the vaccine caused petitioner to suffer from GBS, or any other

injury, or her current condition.

Case 1:22-vv-00416-UNJ Document57_ Filed 01/08/26 Page 4of7

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 $95,000.00 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
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 her 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 1:22-vv-00416-UNJ Document57_ Filed 01/08/26 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 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 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 October 29, 2019, as
alleged in a petition for vaccine compensation filed on or about April 11, 2022, in the United
States Court of Federal Claims as petition No. 22-416V.

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 1:22-vv-00416-UNJ Document57_ Filed 01/08/26 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 flu vaccine caused petitioner’s alleged injury or
any other injury or her current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.

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

END OF STIPULATION

Case 1:22-vv-00416-UNJ

_ Respectfully submitted,

PETITIONER:

ATTORNEY OF RECORD FOR

PETITIONER:

Seat

LAW OFFICES OF LEAH DURANT, PLLC
1717 K Street NW, Suite 900

Washington, DC 20006

Tel: (202) 775-9200

Email: ldurant@durantllc.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH

AND HUMAN SERVICES:
Digital! ned by J 5.
Jeffrey S. shah
Beach -S prnrumaaees 13:19:18 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

4| 25

Dated: | |

Document 57

Filed 01/08/26 Page 7 of 7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

“Heth ae —

HEATHER L. PEA

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:

Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3655

Email: james.lopez@usdoj.gov