Bohannon v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1430V

JOYCE BOHANNON, Personal Chief Special Master Corcoran Representative of ESTATE OF CLAUDE BOHANNON, JR., Filed: April 24, 2026 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

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

DECISION ON JOINT STIPULATION1 On September 13, 2024, Joyce Bohannon, as personal representative of the estate of Claude Bohannon, Jr., 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 Mr. Bohannon suffered Guillain-Barré syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on October 18, 2022. Petition at 1; Stipulation, filed April 23, 2026, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered within the United States, Mr. Bohannon’s death on or about November 19, 2022 was a sequela of his alleged vaccine-related injury, and there has been no prior award or settlement of a civil action for damages on Mr. Bohannon’s behalf as a result of his alleged injury and/or death. Petition at ¶¶ 6-9; Stipulation at ¶¶ 3-5. “Respondent denies that decedent suffered a GBS Table injury; denies that the flu vaccination caused or significantly aggravated decedent’s alleged GBS, or any other injury or condition; and 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.

2 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). denies that decedent’s alleged GBS or any other alleged vaccine-related injury caused his death.” Stipulation at ¶ 6.

Nevertheless, on April 23, 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 $186,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner as legal representative of the Estate of Claude Bohannon. 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

3 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.

Vinesign Document ID: 9909BA66-7F51-447D-BB19-E8AC255669AA

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

JOYCE BOHANNON,personal representative ofthe Estate cf CLAUDE BOHANNON, JR., Petitioner, No. 24- 1430V Chief Special Master Corcoran V. ECF SECRETARY OF HEALTH AND T IUMAN SERVICES,

Respondent,

STIPULATION The parti es hereby stipu late to the following matters: I. On September 13, 2024, Joyce Bohannon (''petitioner" ), as personal representative of the Estate of Claude Bohannon (''decedent"), filed a petition for vaccine compensation tmder the National Vaccine Inj ury Compensation Program, 42 U.S.C. § 300aa- 10 to -34 (the " Vaccine Program"). The petition seeks compensation for injuries allegedly related to decedent's receipt of an influcn;rn (" nu") vaccine, which vacci ne is contained in the Vaccine Injury Table (the "Table''), 42 C.F. R. § I 00.3(a).

2. Decedent received a flu vaccine on October 18, 2022.

3. The vaccine was administered within the United States.

4. Petitioner alleges that decedent suffered the injury Guillai n-Barre Syndrome ("GBS") w ithin the Table timcframc following the flu immunization he received on or about October 18, 2022. Petit ioner further alleges that decedent's death on or about November 19, 2022, was a sequel a of his alleged vaccine-related injury.

The signed document can be validated at https://app.vinesign.com/Verify 5. Petit ioner represents that there has been no prior award or settlement of a civil action for damages on decedent's behal f as a result of his al leged injury and/or death.

6. Respondent denies that decedent suffered a GBS Table injury; denies that the flu vaccination caused or significantly aggravated decedent's alleged GBS, or any other injury or cond ition; and denies that decedent's alleged GBS or any other alleged vaccine-related injury caused his death.

7. Maintaining their above-stated posit ions, the parties nevertheless now agree that the issues between them shall be sett led and that a decision shou ld be entered awarding the compensation descri bed in paragraph 8 of this Stipulation.

8. As soon as pract icable after an entry of judgment refl ecting a decision consistent w ith the term s of this Stipulation. and after petitioner has fi led an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of I lealth and I l uman Serv ices w ill issue the following vaccine compensation payment: A lump sum payment of $186,500.00 to be paid through an A CH deposit to petitioner's counsel 's l OLTA account for prompt disbursement to petitioner as legal representative of the Estate of Claude Bohannon. T his amount represents compensation for all damages that wou ld 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 U.S.C. § J00aa-2 1(a)( I), and an application, the parties w ill submit to further proceedings before the special master to award reasonable attorneys' fees and costs i ncurred in proceeding upon this petition.

I 0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for w hich the Program is not primarily liable -2- under 42 U.S.C. § 300aa-1 S(g), lo 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 T itle X IX of the Social Security Act (42 U.S.C. § 1396 ct seq.)), or by entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation wi ll be made in accordance wi th 42 U.S.C. § 300aa- 15(i), subject to the availabi lity of su rticicnt statutory fund s.

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 bencnt of petitioner as contemplated by a strict constru ction of 42 U.S.C. § 300aa- I 5(a) and (cl), and subject to the cond itions of 42 U.S.C. § 300aa- l 5(g) and (h).

13. In return for the payments descri bed in paragraphs 8 and 9, petitioner. in her individual capacity and as personal representative of the Estate of Claude Bohannon, on her own behalf , and on behalf of decedent's heirs, executors, administrators, successors or assigns, docs 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 al I demands of whatever kind or nature) that have been brought, cou ld have been brought, or cou ld 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 or decedent resulting from, or

-3- alleged to have resulted from, the flu vacc ination adm inistered on October 18, 2022, as alleged in a petition for vaccine compensation filed on or about September 13, 2024, in the Un ited States Court of Federal Claims as petition No. 24- I 430V.

14. Petitioner represents that she presently is duly authorized to serve as Personal Representative of the Estate of Claude Bohannon, under the laws of the State of Kentucky. No payments pursuant to th is Stipulation shall be made until petitioner provides the Secretary with documentation establishing her appointment as Personal Representative of the Estate of Claude Bohannon. I f petitioner is not authorized by a couIt of competent jurisdiction to serve as Personal Representative of the Estate of Claude Bohannon at the time a payment pursuant to th is Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a court of competentjurisd iction to serve as legal representative of the Estate of Claude Bohannon, upon subm ission of w ritten documentation of such appoi ntment to the Secretary.

15. I f the special master fails to issue a decision in complete conform ity w ith the terms of this Stipulation or if the Court of Federal C laims fail s to enter judgment in conform ity with a decision that is in complete conformity w ith the terms or t his Stipu lation, then the parties' settlement and this Stipulation shal l be voidab le at the sole discretion or either party.

16. T his Stipu lation expresses a full and complete negotiated settlement of liability and damages claimed under the National Ch ildhood Vaccine Injury Act of 1986, as amended, except as otherw ise noted in paragraph 9 above. There is absolute ly 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 comprom ise of the parties' respective positions as to l iability and/or

-4- amount of damages, and further, that a change in the nature of the injury or condition or i n the items of compensation sought, is not grounds to modi fy or revise this agreement.

17. T hi s 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 decedent's alleged GBS, or any other injury or condition, or death, or that decedent suffered a Vaccine Table injury.

18. A ll ri ghts and obligations o f petit ioner hereunder in petitioner ' s capacity as personal representative of the Estate of Claude Bohannon shall apply equally to petitioner's heirs, executors, admin istrators, successors. and/or assigns.

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

-5- Respectfu11 y submitted,

PETITIONER:

JOYCE BOHANNON

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: PF -M-'~ - ~-J2fd.1JMc:::::- MAXIMILLIAN J. MULLER HEATHER L. PEARLMAN Muller Brazil Deputy Director 15 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice max@mullerbrazi l.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: George R. Grimes - Digitally signed by George R. )v'ICV\N?,__ie.~~ Grimes -516 516 Da te: 2026.04.1414:46:24-04'00' ~ ~ L P-c~ CAPT GEORGE REED GRIMES, MD, MPH JULIANNA R. KOBER Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0 146 5600 Fishers Lane, I 4W- l 8 (202) 742-6375 Rockville, MD 20857 [email protected]

Dated: o'flz 1hA2b

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