United States Court of Federal Claims, 2024

Erbsen v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided March 4, 2024 · Katherine E. Oler

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-795V Filed: January 22, 2024 ************************* * * WARREN ERBSEN, * * * Petitioner, * * v. * * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * ************************* * Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION 1 On July 21, 2022, Warren Erbsen (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). 2 Pet., ECF No. 1. Petitioner alleges that as a result of the influenza (“flu”) vaccination he received on November 6, 2020, he suffered a Table injury of Guillain-Barré syndrome, or in the alternative, an injury caused-in-fact injury by the flu vaccine, with residual effects of the alleged injury lasting for more than six months. See Stipulation ¶ 2, 4, dated January 22, 2024 (ECF No. 37); see also Petition.

1 Because this Decision contains a reasoned explanation for the action in this case, it must be made publicly accessible and will be posted 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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.

Respondent denies “that the flu vaccine caused petitioner to develop GBS or any other injury or condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above- stated positions, agreed in a stipulation filed January 22, 2024 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 $85,000.00 in the form of a check payable to petitioner.

Stipulation ¶ 8. This award represents compensation for all damages that would be available under U.S.C. § 300aa-15(a).

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/ Katherine E. Oler Katherine E. Oler 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.