Judges: Mindy Michaels Roth
Filed: May 18, 2020
Latest Update: May 18, 2020
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-805V Filed: April 21, 2020 * * * * * * * * * * * * * MATTHEW HUSSONG, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Chronic * Inflammatory Demyelinating SECRETARY OF HEALTH * Polyneuropathy (“CIDP”); AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine * Respondent. * * * * * * * * * * * * * * Jessica Olins, Esq., Maglio Christopher & Toale, Seattle, WA, for petitioner.
Summary: In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-805V Filed: April 21, 2020 * * * * * * * * * * * * * MATTHEW HUSSONG, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Guillain-Barre Syndrome v. * (“GBS”); Chronic * Inflammatory Demyelinating SECRETARY OF HEALTH * Polyneuropathy (“CIDP”); AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine * Respondent. * * * * * * * * * * * * * * Jessica Olins, Esq., Maglio Christopher & Toale, Seattle, WA, for petitioner. ..
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-805V
Filed: April 21, 2020
* * * * * * * * * * * * *
MATTHEW HUSSONG, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Guillain-Barre Syndrome
v. * (“GBS”); Chronic
* Inflammatory Demyelinating
SECRETARY OF HEALTH * Polyneuropathy (“CIDP”);
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine
*
Respondent. *
* * * * * * * * * * * * *
Jessica Olins, Esq., Maglio Christopher & Toale, Seattle, WA, for petitioner.
Darryl Wishard, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On June 6, 2018, Matthew Hussong [“Mr. Hussong” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
he developed Guillain-Barre Syndrome (“GBS”) and chronic inflammatory demyelinating
polyneuropathy (“CIDP”) after receiving an influenza (“flu”) vaccination on November 18, 2015.
Stipulation, filed Apr. 21, 2020, at ¶¶ 1-4. Respondent denies that petitioner sustained a GBS Table
injury; denies that the vaccine caused or significantly aggravated petitioner’s alleged injuries or
any other injury; and denies that petitioner’s current disabilities are the result of a vaccine-related
injury. Stipulation at ¶ 6.
1
Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. 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 whole Decision will be available to the public. Id.
2
National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).
Nevertheless, the parties have agreed to settle the case. On April 21, 2020, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $175,500.00 (consisting of $130,000.00 for past and future pain
and suffering; $35,000.00 for past lost earnings; and $10,500.00 for
unreimbursed expenses) in the form of a check payable to petitioner, Matthew
Hussong. This amount represents compensation for all damages that would be
available under § 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 is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3
Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
MATTHEW HUSSONG, )
)
Petitioner, ) No. 18-805V ECF
)
v. ) Special Master Roth
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Matthew Hussong, 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 the influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42
C.F.R. § 100.3(a).
2. On November 18, 2015, petitioner received the flu vaccine.
3. The vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the vaccine, he suffered from alleged
injuries of Guillain-Barre syndrome (“GBS”) and chronic inflammatory demyelinating
polyneuropathy (“CIDP”), and that he experienced symptoms of these injuries for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
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for damages as a result of his alleged injuries.
6. Respondent denies that petitioner sustained a GBS Table injury; denies that the
vaccine caused or significantly aggravated petitioner’s alleged injuries or any other injury; and,
denies that petitioner’s current disabilities are the result of a vaccine-related injury.
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 of $175,500.00 (consisting of $130,000.00 for past and future pain
and suffering; $35,000.00 for past lost earnings; and, $10,500.00 for
unreimbursed expenses), in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(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. Section 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 compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
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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.
11. Payment made pursuant to paragraph 8 of this Stipulation, 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 attorneys’ 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 his
individual capacity and on behalf of his 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, 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 vaccine administered on November 18, 2015, as alleged by
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petitioner in a petition for vaccine compensation filed on or about June 6, 2018, in the United
States Court of Federal Claims as petition No. 18-805V.
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 petitioner sustained a Table injury, or that the
vaccine either caused or significantly aggravated petitioner’s alleged injury 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
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