Walker v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 21-1318V

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

* LINDSAY WALKER, * Chief Special Master Corcoran next friend of R.W., a minor, *

* Petitioner, * Filed: July 20, 2026

* v. *

* SECRETARY OF HEALTH AND * HUMAN SERVICES, *

* Respondent. *

* ************************* Bradley S. Freedberg, Bradley S. Freedberg, P.C., Denver, CO, for Petitioner.

Nina Ren, U.S. Dep’t of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1

On May 5, 2021, Lindsay Walker, on behalf of R.W., a minor child, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”). 2 Petitioner alleged that R.W. suffered from Guillain-Barré syndrome (“GBS”) as a result of R.W.’s November 5, 2019, receipt of the influenza (“flu”), Hepatitis A (“Hep. A”), and Hepatitis B (“Hep. B”) vaccines. Moreover, Petitioner alleged that R.W. experienced residual effects of this injury for more than six months.

Respondent denies that R.W. sustained a GBS Table injury, or that R.W.’s alleged GBS or its residual effects were caused-in-fact by the flu, Hep A, or Hep B vaccines, or any other vaccine; and denies that the vaccines caused R.W. any other injury or R.W.' s current condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. See Stipulation, dated July 20, 2026 (ECF No. 60) (“Stipulation”).

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 details that Respondent will issue the following vaccine compensation payments:

• A lump sum of $25,000.00, to be paid through an ACH deposit to Petitioner's counsel's

IOLTA account for prompt disbursement to Petitioner, as guardian/conservator of R. W. 's estate;

• An amount of $100,000.00 to purchase the annuity contract described in paragraph 10 of the Stipulation, to be paid to the life insurance company from which the annuity will be purchased.

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