OSORNO GOMEZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-vv-00047-UNJ Document66- Filed 01/30/26 Page1of7

In the Gnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS
Filed: January 5, 2026

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DIEGO ANTONIO OSORNO GOMEZ, * UNPUBLISHED
*
Petitioner, * No. 24-47V
*
V. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza
AND HUMAN SERVICES, ** (“Flu”) Vaccine; Bell’s Palsy.
*
Respondent. *
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Kirk Tripp Otto, Siri & Glimstad LLP, Richmond, VA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION'

On January 12, 2024, Diego Antonio Osorno Gomez (‘“‘Petitioner’’) filed a petition in the
National Vaccine Injury Program? alleging that he suffered from Bell’s palsy following the
administration of an influenza (“flu”) vaccination and on October 8, 2022. Petition at Preamble
(ECF No. 1).

On January 5, 2026, the parties filed a stipulation recommending an award of
compensation to Petitioner. Stipulation (ECF No. 61). Respondent denies that the flu

' 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) (“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
immunization caused or significantly aggravated Petitioner’s Bell’s palsy and/or any other
injury. 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) A lump sum of $25,000.00 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 DropBox Sign form has been omitted.
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-00047-UNJ Document 66 Filed 01/30/26 Page 2 of 7

Case 1:24-vv-00047-UNJ Document66- Filed 01/30/26 Page 3of7

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

DIEGO ANTONIO OSORNO GOMEZ,

Petitioner,
Vv. No. 24-47V

Special Master Nora Beth Dorsey

SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Diego Antonio Osorna Gomez (“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 or about October 8, 2022.

3. The vaccine was administered within the United States.

4. Petitioner alleges that he sustained Bell’s palsy as a result of his flu vaccination and
that he experienced the 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 as a result of his condition.

6. Respondent denies that the flu immunization caused or significantly aggravated

petitioner’s Bell’s palsy and/or any other injury.

Man IM) ARVADA AAA ANMNDAR ASE NINGN ATEABNAANADOENAT.

Case 1:24-vv-00047-UNJ Document66~ Filed 01/30/26 Page4of7

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 $25,000.00 to be paid through an ACH deposit to

petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner. This

amount represents all compensation for damages that would be available under 42

U.S.C. § 300aa-15(a) for injuries allegedly related to petitioner’s receipt of the flu

vaccine.

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 his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis.

1]. 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.

Nan IY: ABD ADR nad ANNEND AR ASE NICO A TEALAARANADOLNAT-

Case 1:24-vv-00047-UNJ Document66~ Filed 01/30/26 Page5of7

12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ 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 his
individual capacity and on behalf of his heirs, executors, administrators, successors and/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 8, 2022, as alleged by petitioner in a petition for vaccine compensation filed on or
about January 12, 2024, in the United States Court of Federal Claims as petition No. 24-47V.

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.

1S. 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.

Man IN: ARDADIA RA ANNENIAASENILONATEARNAANADOENA Te

Case 1:24-vv-00047-UNJ Document66~ Filed 01/30/26 Page 6 of7

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 Bell’s
palsy and/or any other 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

NSS SS SS SS

Man ID: ARKDADR AAA ANNENDAAFENNAONA TEABRNAANADOLNA Te

Case 1:24-vv-00047-UNJ

Respectfully submitted,

PETITIONER:

DIEGO ANTONIO OSORNO GOMEZ

ATTORNEY OF RECORD FOR
PETITIONER:

KIRK TRIPP OTTO
Sint & GLIMSTAD, LLP
11 South 12th Street
Richmond, VA 23219
(804) 459-8584
kotto@sirillp.com

AUTHORIZED REPRESENTATIVE
OF THE SECRETARY OF HEALTH
AND HUMAN SERVICES:

Jeffrey S Digitally signed by Jeffrey

S. Beach -S
Beach -S 7 Date: 2025.12.03 1426048 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: ) tnaany 5 LO 26

Document 66

Filed 01/30/26 Page 7 of 7

AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:

YF Peo LA _
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:

Senior Trial Attorney

Torts Branch

Civil Division

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

Benjamin Franklin Station
Washington, DC 20044-0146
(202) 616-9847

ryan. pyles@usdoj_ gov

Pan IY. AL DADRA AAA ANNEND AR ALENONQNA TEA LNA ANA DOE NAT.