Casterline v. Secretary of Health and Human Services

Sn the Cnited States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

Filed: August 12, 2026 *w OK OK K KK KK KK K K KK KK KK KK OK OK

GARY CASTERLINE, JR., UNPUBLISHED

Petitioner, No. 21-750V

Vv. Special Master Nora Beth Dorsey

SECRETARY OF HEALTH Decision Based on Stipulation; Influenza

AND HUMAN SERVICES, (“Flu”) Vaccine; Tetanus-Diphtheria-

Acellular Pertussis (“Tdap”) Vaccine;

Guillain-Barré Syndrome (“GBS”). * * * * * * * * *

Respondent. * * * * OK OK K KK K kK K K KK KK HK KK KK

Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION BASED ON STIPULATION'

On January 15, 2021, Gary Casterline, Jr., (‘Petitioner’) filed a petition in the National Vaccine Injury Program? alleging his receipt of an influenza (“flu”) vaccine on September 17, 2019, caused him to develop Guillain-Barré syndrome (“GBS”). Petition at Preamble (ECF No. 1). Petitioner also received a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on ' Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. ? The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act’). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. 8 300aa.

October 9, 2019.3

On August 12, 2026, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 93). Respondent denies that Petitioner sustained a Table GBS injury; denies that the flu vaccine and/or the Tdap vaccine caused Petitioner’s alleged GBS, or any other injury; and denies that is current condition is a sequela of a vaccine-related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $150,000.00 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-15(a). Stipulation at { 8.

The undersigned approves the requested amount for Petitioner’s compensation.

Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.* IT IS SO ORDERED. s/Nora B. Dorsey

Nora B. Dorsey

Special Master

3 While Petitioner did not address the Tdap vaccine in his petition or file an amended petition, Petitioner alleged through his expert that the flu and/or the Tdap vaccine caused-in-fact his GBS. See, e.g., Petitioner’s Exhibit 14. * Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

GARY CASTERLINE, JR..,

Petitioner, No. 21-750V

Special Master Dorsey

Vv. ECF

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. On January 15, 2021, Gary Casterline, Jr., (“petitioner”) filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to -34 (the “Vaccine Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (“flu”) vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).

2. Petitioner received the flu vaccine on September 17, 2019. On October 9, 2019, he received a tetanus, diphtheria, and acellular-pertussis (“Tdap”) vaccine, which is also contained in the Table.

3. Both vaccines were administered within the United States.

4. Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) within the time period set forth in the Table following administration of the flu vaccine. Alternatively, he has asserted through his expert that the flu vaccine and/or the Tdap vaccine caused-in-fact his alleged GBS. Petitioner further alleges that he experienced the residual effects of this condition 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 condition.

6. Respondent denies that petitioner sustained a Table GBS injury; denies that the flu vaccine and/or the Tdap vaccine caused petitioner’s alleged GBS, or any other injury; and denies that his current condition is a sequela of a vaccine-related injury.

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\1), the Secretary of Health and Human Services will issue the following vaccine compensation payment:

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 US.C. § 300aa-21(a)(1), 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.

10. Petitioner and his attomey represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to 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 Title XIX of the Social Security Act (42 U.S.C § 1396 et seq.)), or by entities that provide health services on a pre-paid basis 11. Payment made pnrsuant 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-1 5(i), subject to the availability of sufficient 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).

13. In retum for the payment described in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or 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 Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300 aa-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 vaccine administered on September 17, 2019, and/or the Tdap vaccination administered on October 9, 2019, as alleged by petitioner in Case 1:21-vv-00750-UNJ Document 94-1 Filed 08/12/26 Page 4of6 connection with a petition for vaccine compensation filed on or about January 15, 2021, in the United States Court of Federal Claims as petition No. 21-750V

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 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 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 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 OF 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 and/or Tdap vaccine caused petitioner’s alleged GBS or any other injury; that petitioner’s current condition is a sequela of a vaccine-related injury; or that he suffered an injury listed on the Table.

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,

PETITIONER:

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE

PETITIONER: OF THE ATTORNEY GENERAL:

LX fa Aeon Oo tun —

Sache \ HEATHER L. PEARLMAN

Law Offices o V. Durant, PLLC Deputy Director

1717 K Street NW Torts Branch

Suite 900 Civil Division

Washington, DC 20006 US. Department of Justice

Tel: 202-775-9200 P.O. Box 146

Email: [email protected] 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 - cignally gned by George R. $16 Date: 2026.07.30 13:41:03 -04'00' a

CAPT GEORGE REED GRIMES, MD, MPH __ MART NOVAKOVIC

Director, Division of Injury rial Attorney

Compensation Programs Torts Branch, Civil Division

Health Systems Bureau U.S. Department of Justice

Health Resources and Services P.O. Box 146

Administration Benjamin Franklin Station

U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel: (202) 616-2879

5600 Fishers Lane, 14W-18 Email: Mary.E.Novakovic@usdoj gov

Rockville, MD 20857

Dated: Augus L (Z, 2226 CERTIFICATE OF SERVICE

I certify that today, August 12, 2026, a copy of the foregoing pleading will be served to Leah V. Durant at [email protected] and to [email protected]. /s/ Mary Novakovic

MARY NOVAKOVIC