Glotzbecker v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2109V

BARBARA GLOTZBECKER, Chief Special Master Corcoran Petitioner, v. Filed: July 29, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner.

Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On December 12, 2023, Barbara Glotzbecker filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that she suffered from Guillain-Barre syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received on or about November 11, 2022. Petition at 1; Stipulation, filed at July 29, 2025, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of her condition for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that petitioner suffered a GBS Table injury; denies that the flu vaccination caused or significantly aggravated petitioner’s alleged GBS, or any other injury or condition; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on July 29, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Because this Decision contains a reasoned explanation for the action taken 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.

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $132,676.05, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.

II\ THE UNITED STATES COl'.RT OF FEDERAL CLAIMS OFFICE Of SPECJAL MASTERS

B1\RB 1\RA GLOTZBECKER.

Petit1onc1.

\i . No. 21-2 l 09V Chief Special [\.laster Corcoran SECRETARY OF HEt\LTH AND ECF HUMAN SERVICES, RcsponJcot .

STIPULATION The parti es hereby stipulate to the following matters: I. Petitioner filed a petition for vaccine compensation under the National Vsccine Injury Compensation Program. 42 U.S.C. ~ 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries nlkgectly related to petitioner's receipt of influenza ("flu") vaccination wh ich vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. ~ I00.3(a).

2. Petitioner receiveu the flu vaccination on or about November l l. 2022.

3. The vaccine was administered within the United States.

4. Petitioner alleges that the flu vaccine caused her to develop Guillain-Barre Syndrome c·GBS") within the time period set forth in the Table and that she experienced the residual effects of her condition for more than six months 5. Petitioner represents that there has been no prior m:varcl or scrtkmenl or a civil action for damages as a result of ha condition.

6. Respondent denies that retitioner !,ufferecl a GBS Table injury; denies that the flu vaccination caused or significantly aggravated pc1ition..:r's alleged ( iBS , or any other injury or condttion; and denies that petitioner's current condition is a sequela of a vaccine-rdated injury.

7. Maintaining their above-stated rositions. the parties nevertheless now :igree that the issues between them shall be settled nnd that a decision should be entered awarding the compensat ion di;:5.cribed in paragraph 8 of thi s Stipulation.

X. As soon as practicable after an entry of judgment reflecting a decision consistent with the tenm of thi~ Stipulation. and after petitioner has filed an election to receive compensation pursuant to 42 U S.C. ~ 300aa-2 l (al( I) , the Secretary L)f Health and Human Services will issue the follow·ing vacci ne compensation payment: /\ lump sum payment of $132,676.05 to be paid through an ACH deposit to petitioner's counsl'l's IOLTA account for prompt disbursc1rn:nl to petitioner. This amount represents compensation for all damages that would be available under 42 U S.C §300aa- I 5(a).

9. /\.s soon as practicahle after the entry ofjudgment on entitkment in this cnse, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. ~ J00na-21 (a)(l). and an application. the parties will submit to further proceedings before the special master to award reasonable attorneys ' fees and costs incuned in proceeding upon this petition.

10. Petitioner and her attorney represent that they have identified to resrondent all known sources of payment for items or services fo r which the Program is not primarily liable under 42 U .S.C ~ 300aa- I 5(g). including State compensntion programs. insurance policies, Federal or State hea lth benefits programs (other than Title XlX of the Social Security i\ct (42 U.SC. ~ l 31J(i et seq .)) , or by entiti es tha1 provide health service~ on a pre-paid basis.

-2- 11. Payment made pursuant to paragra ph 8 of thi s Stipulation, and an y amount awarded pursuanc h.l par.igrnph lJ, will bee madl? in accordance wi th 42 U.S.C. ~ 300aa-15( i). ~ubject to the a va ilabi l ity of su fticient sraru to ry fund'.->.

I ~ The rarti es and their attorneys furth er Jgrc::e and stipul ate th;it , exce pt for any award for attorney':- fees and litigation costs, and past unrcimbursabk expenses, the money provided pursuan t to rlus Stipubtion will be used solely for the benefit of peti tioner as contemplated by a strict construction of 42 U.S.C. s 300aa-l S(a) ,md (d) , and subj ect to the cond itions of 42 US.C.

§ 300aa-15( g) nnd (h) .

l 3. 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 iITevocably and unconditionally release, acquit and discharge the United States and the Secreta1y 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 hereafter 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 that may be alleged to have resulted from, the flu vaccination administered on November 11, 2022 , as alleged in a petition for vaccine compensation filed on or about December 12, 2023, in the United States Com1 of Federal Claims as petition No. 23- 2109V.

14 If petitioner should di e pnor to en try ofj udgmen t. this agreement shal i he voidable upon proper nutice to the Court on behalf of either or both of the parties.

-1- 15. If the sr ec ial master fa il s to issue a decision in complete conformit y with the terms of thi s Sti pula tion or if the Court of Federal Cl aims foil s to entt'r j udgment in conform ity wi th a decision Ll1at i,s in compl ete confonni ty with the terms 1,l l-thi:,; Stipu lati1,)ll, tlll'll the part ies' settlement and this Stipu lation shall be vuidab le at the so le di:-cretion or eith er r arty.

16. This Stipulation expresses a fu ll and complete negoti ated settl ement of liabil ity and damages clai med und er the National Childhood Vncc ine Injury Act of l 9~h. as amended_ excepl as otherwise noted in pmagrn ph 9 above. Thcre is abso lu tely no agr.,,crnent 011 the part of the parties hereto to make any pay ment or do any act or thing other than i~ herein expressly stated and clea rl y agreed to . The r a1iics fu rther agree mid understand that the award described in this St ipulation may reflect a compromi se of che parties· res pective pos iti ons as to liability and /or amount ,1f damages and forther_ that a change in the nature of the injury or condition or in the items of compensa tion sou ght. is not ground., to modify or revise this ag reement.

17. Thi s Stirulati on shall not be construed as an admi ssion by the United States or the Secretary of Health and l!uman Services that the flu vacc ine caused petitioner's all eged CiBS_ or any other injury or condition, or that petitioner suffered a Vaccine Tab le injury.

18. /\ II righb and ob lig,niom; of peti tioner here under shall appl y equ all y to petiti oner 's heirs, execut ors, adm inistrn tors, successors, and/or assigns.

END OF STIP ULA TION

I

-4- Respectfully submitted.

PETITlONER:

ATTORNEY OF RE( 'ORD FOR AlTHORIZED REPRESEJ\TA TlVE OF THE ATTOR"EY GE~ERAL :

..w ~¥-f?~~ HEATHER L. PEA RL MAN Law Offices ot Leah\ '. Durant. PLLC Deputy Director 17 K Street NW , Suite 900 Torts Branch \Vas hington. DC 20006 Civil Division (202) 77 5-9200 U.S. Department or Justice ldmant@durantllc .com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-01 46

AliTHORlZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDE~T : A~D HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffrey S. Beach -S ~~ Q.,\,..M(A ~ 'l. C, lo-</) Bea ch -S _ ______ Date: 2025.06. 11 09:58:38 -04'oo· for h ~~ t--P~cJ-MJL- CA PT GEORGE REED GRIM ES, lvtD. l'vtPH JULlAN~A R. KOBER Director, Divis ion of Injury Trial t\ttorney Compensation Programs Torts Branch He,ilth Systems Bureau Civi l Division Heal th Resources and Services U.S. Dcpanmcnl of Justice Adm ini stration P.O. Bo x 146 U.S. D.:p:1rtmcnt of Hca lih and Hum an Servi ces Benjamin Franklin Station 5600 Fishers Lane, 08\V-:25.A Washington, DC 20044-014(1 Rockvi ll e, J\·lD .20857 (202) 742-63 75 J uli anna. R. Koher(a)usdoj .gov

Dated: 09/2,1/2a2-.S.

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