Haas v. Secretary of Health and Human Services

$033&$5&% In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 23-1199V

*************************

* ROBERT HAAS, * Chief Special Master Corcoran

* Petitioner, * Filed: June 2, 2026

* v. *

* SECRETARY OF HEALTH * AND HUMAN SERVICES, *

* Respondent. *

* ************************* Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Austin J. Egan, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On July 31, 2023, Robert Haas filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”). 2 Petitioner alleges that he suffered from Guillain Barré syndrome (“GBS”) as a result of receiving the influenza (“flu”) vaccine on or about September 3, 2021. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months.

Respondent denies that Petitioner sustained a GBS Table injury, or that Petitioner’s alleged GBS was caused by the flu vaccine. Respondent also denies that Petitioner’s receipt of the flu vaccine caused him any other injury or his current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on June 1, 2026) that the issues before them could 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 (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.

The stipulation awards: x A lump sum of $180,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.

Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act.

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

IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

ROBERT HAAS, )

)

Petitioner, )

) No. 23- l 199V V. ) Chief Special Master Corcoran

) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, )

)

Respondent. )

_________________ )

STIPULATION

The parties hereby stipulate to the following matters:

I. Robert Haas ("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 the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a).

2. Petitioner received the flu vaccine on or about September 3, 2021.

3. The vacc ine was administered in the United States.

4. Petitioner alleges that he suffered from Guillain Barre Syndrome (''GBS") as a result of receiving the flu vaccine. Petitioner further alleges that he experienced the residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of his alleged condition.

6. Respondent denies that petitioner sustained a GBS Table injury; denies that petitioner's alleged GBS was caused by the flu vaccine; and further denies that the flu vaccine caused him any other injury or his current condition.

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)(I), the Secretary of Health and Human Services will issue the following vaccine compensation payment:

A lump sum of $180,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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. § 300aa-21 (a)(l), 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. l 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- I5(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 prepaid basis.

11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of suffic ient 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-1 S(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 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 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 United States 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 flu vaccination administered on or about September 3, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about July 31, 2023, in the United States Court of Federal Claims as petition No. 23-1199V.

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 United States 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 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 the flu vaccine caused petitioner's alleged GBS, any other injury, or his current condition.

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

END OF STIPULATION

Respectfully submitted, ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~-- LAW OFFICES Of LEAM V. DURANT PLLC

, 4& ¢:bb~---4,>,,,&:\oc-= HEATHER L. PEARLMAN Deputy Director

1717 K Street NW, Suite 900 Torts Branch Washington, DC 20006 Civil Division Tel: 202-775-9200 U.S. Department of Justice Email: [email protected] P.O. Box 146

Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TH RESPONDENT:

AND HUMAN SERVICES:

Jeffrey s• Jeffrey

Digitally signed by

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Beach -5 Date:2026.05.21

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CAPT GEORGE REED GRIMES, MD, MPH AUSTIN J. EGAN Director, Division of Injury Trial Attorney

Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department of Justice Health Resources and Services P.O. Box 146

Administration Ben Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel: (202) 451-7479 5600 Fishers Lane, 14W-18 Email: Austin.J. [email protected] Rockville, MD 20857 Dated: 0~ /01 /za 2<.o

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

)

ROBERT HAAS, )

)

Petitioner, ) No. 23-1199V

) Chief Special Master Corcoran V. ) ECF

)

SECRETARY OF HEAL TH ) AND HUMAN SERVICES, )

)

Respondent . )

- - - -- -- - -- - - - - )

CERTIFICATE OF SERVICE

I hereby certify that on June 1, 2026, the foregoing STIPULATION was served via email upon petitioner.

Isl Ben,·amin P. Warder BENJAMIN P. WARDER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0 146 (202) 532-5464 Benjamin.P.Warder@usdoj .gov