Blind v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-2065V

JEFFREY BLIND, Chief Special Master Corcoran Petitioner, Filed: February 20, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

John Beaulieu, Siri & Glimstad, LLP, Louisville, KY, for Petitioner.

Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On December 13, 2024, Jeffrey Blind 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 he suffered Guillain Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on November 10, 2023. Petition at 1; Stipulation, filed February 19, 2026, at ¶¶ 2-4. Petitioner further alleges that the flu vaccine was administered in the United States, he experienced residual effects of GBS for more than six months, and there has been no prior award or settlement of a civil action for damages on his behalf as a result of his condition. Petition at ¶¶ 3, 21-23, 28; Stipulation at ¶¶ 3-6. The Stipulation also states that Petitioner developed GBS within the time period set forth in the Vaccine Injury Table following receipt of the flu vaccine, there is not a preponderance of evidence demonstrating that his GBS was due to a factor unrelated to vaccination, and Petitioner is therefore entitled to compensation for his GBS Table injury. Stipulation at ¶¶ 4-7.

On February 19, 2026, 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.

Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $155,006.41, 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

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

JEFFREY BLIND, Petitioner.

V. No. 24-2065V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: I. Jeffrey Blind ('"petitioner'') tiled a petition for vaccine compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-l Oto -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. § I00.3(a).

2. Petitioner received a flu vaccine on or about November I0, 2023. 1 3. The vaccine was administered within the United States.

On November 16, 2023. petitioner received a COVID-19 vaccine. Vaccines against COVID- are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-l 4 and 42 C.F.R. § I 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d. 247d-6e), claims for alleged injuries from COY ID-19 countermeasures, including vaccines. may be compensable under the Countermeasures Injury Compensation Program (..CICP"). See 85 Fed. Reg. 15198, 15202 (March I7, 2020).

Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 4. Petitioner developed Guillain-Barre Syndrome ("GBS'") within the time period set forth in the Table following receipt of the flu vaccine and experienced the residual effects of GI3S for more than six months.

5. There is not a preponderance of evidence demonstrating that petitioner"s GBS is due to a factor unrelated to vaccination.

6. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of petitioner's condition.

7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act for his GBS Table injury. Therefore. a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation, and alter petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $155,006.41 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 available under 42 U.S.C. § 300aa-15(a) for injuries presumptively related to petitioner's receipt of the flu vaccine by operation of the Vaccine Injury Table.

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-2 I (a)( I), 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.

Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 I 0. 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.

I I. 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 patties and their attorneys fu1ther 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 w ill 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, (a) 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., (i) 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 al leged to have resulted from, the vaccinations

Doc ID: d 1813cc9d5fecda109a7d04cb869f48185d7c4d3 administered on November I 0. 2023. and November 16. 2023. and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about December 13, 2024. in the United States Court of Federal Claims as petition No. 24-2065V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d- 6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure. including the COVID-19 vaccination administered on November 16, 2023, on its own or in combination with the tlu vaccination administered on November 10, 2023, caused or significantly aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about December 13, 2024, in the United States Cowt of Federal Claims as petition No. 24-2065V, including GBS. for which petitioner will receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP.2 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed. petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP.

14. If petitioner should die prior to entry ofjudgment. this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the patties.

15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Coutt 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 patty.

2 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP.

Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National C hildhood 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 patties further agree and understand that the award described in this Stipulation may reflect a comprom ise of the parties' respective positions as to 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. The 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 GBS or any other injury: however, petitioner has satisfied the Table criteria to establish entitlement to compensation.

l 8. All rights and obligations or petitioner hereunder shall apply equally to petitioner's heirs, executors. administrators, successors. and/or assigns.

END OF STIPULATION I I I I I I I I I I I I I I I I

Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3 Respectfully submitted, PETITIONER:

JEFFREY BLIND

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONE : OF THE ATTORNEY GENERAL:

4&--~""== Pl.µ...l,A.A/\~ HEATHER L. PEAR LMAN I & G LIMSTAD, LLP Deputy Director IO I No1th Seventh St. #827 Torts Branch Louisville, KY 40202 Civil Division (509) 822-2463 U.S. Department of Justice [email protected] P.O. Box 146 Benjamin Frankli n Station Washington, DC 20044-0146

AUTHORIZED REPRESENT A TJVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Digitallysign ed byJeffrey Jeffrey S. S. Beach-S Bea Ch -5 Date: 2026.01.21 09:40:41 -os·oo· for CAPT GEORGE REED GRIMES, MD. MPH RYNO. PYLES Director, Division of Injury Senior Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Di vision Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Depa11ment of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14W- 18 (202) 616-984 7 Rockville, MD 20857 ryan.pvlesrwusdoj .gov

Doc ID: d1813cc9d5fecda109a7d04cb869f48185d7c4d3