In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1494V
SHIRLEY ALSTON as executrix of Chief Special Master Corcoran ESTATE OF CHARLES JEFFREY ALSTON, Filed: January 28, 2025 Petitioner, v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On October 11, 2022, Shirley Alston filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”) as the executrix of the estate of Charles Jeffrey Alston. On October 17, 2019, Mr. Alston received an influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Mr. Alston suffered from Guillain-Barré syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the flu vaccine. She further alleges that the flu vaccine caused Mr. Alston’s alleged injury, and that he suffered the residual effects of his alleged injury for more than six months.
1 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). Respondent denies that Mr. Alston’s alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury or his death.
Nevertheless, on January 27, 2025, 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 $45,000.00 in the form of a check payable to Petitioner as executrix of the estate of Charles Jeffrey Alston. Stipulation ¶ 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.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
SHIRLEY ALSTON, as Executrix of the Estate of CHARLES JEFFREY ALSTON,
Petitioner, No. 22-1494V Chief Special Master Brian H. Corcoran v. ECF
STIPULATION
The parties hereby stipulate to the following matters:
I. Shirley Alston ("petitioner"), as the Executrix of the Estate of Charles Jeffrey Alston
("Mr. Alston"), filed 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 Mr. Alston's receipt of an influenza ("flu")
vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a).
2. Mr. Alston received the flu vaccine on October 17, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that as a result ofreceiving the flu vaccine, Mr. Alston suffered
Guillain-Barre Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy
("CIDP"), and he experienced the residual effects of this condition for more than six months.
Mr. Alston passed away on February 2, 2021. Petitioner does not allege that Mr. Alston's death
was sequela of his alleged vaccine-related injury. 5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Alston as a result of the alleged condition.
6. Respondent denies that Mr. Alston's alleged GBS and/or CIDP or its residual effects
were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury
or his death.
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 ofjudgment 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$4S,OOO.00 in the form of a check payable to petitioner as Executrix of the Estate of Charles Jeffrey Alston.
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 ofjudgment 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.
I0. Petitioner and petitioner's attorney 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-l 5(g), to the extent that payment has been made or can
2 reasonably be expected to be made under any State compensation programs, insurance policies,
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-1494V
SHIRLEY ALSTON as executrix of Chief Special Master Corcoran ESTATE OF CHARLES JEFFREY ALSTON, Filed: January 28, 2025 Petitioner, v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Elizabeth Andary, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On October 11, 2022, Shirley Alston filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”) as the executrix of the estate of Charles Jeffrey Alston. On October 17, 2019, Mr. Alston received an influenza (“flu”) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that Mr. Alston suffered from Guillain-Barré syndrome (“GBS”) and/or chronic inflammatory demyelinating polyneuropathy (“CIDP”) as a result of the flu vaccine. She further alleges that the flu vaccine caused Mr. Alston’s alleged injury, and that he suffered the residual effects of his alleged injury for more than six months.
1 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). Respondent denies that Mr. Alston’s alleged GBS and/or CIDP or its residual effects were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury or his death.
Nevertheless, on January 27, 2025, 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 $45,000.00 in the form of a check payable to Petitioner as executrix of the estate of Charles Jeffrey Alston. Stipulation ¶ 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.
2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
SHIRLEY ALSTON, as Executrix of the Estate of CHARLES JEFFREY ALSTON,
Petitioner, No. 22-1494V Chief Special Master Brian H. Corcoran v. ECF
STIPULATION
The parties hereby stipulate to the following matters:
I. Shirley Alston ("petitioner"), as the Executrix of the Estate of Charles Jeffrey Alston
("Mr. Alston"), filed 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 Mr. Alston's receipt of an influenza ("flu")
vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a).
2. Mr. Alston received the flu vaccine on October 17, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that as a result ofreceiving the flu vaccine, Mr. Alston suffered
Guillain-Barre Syndrome ("GBS") and/or Chronic Inflammatory Demyelinating Polyneuropathy
("CIDP"), and he experienced the residual effects of this condition for more than six months.
Mr. Alston passed away on February 2, 2021. Petitioner does not allege that Mr. Alston's death
was sequela of his alleged vaccine-related injury. 5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Mr. Alston as a result of the alleged condition.
6. Respondent denies that Mr. Alston's alleged GBS and/or CIDP or its residual effects
were caused by the flu vaccine and denies that the flu vaccine caused Mr. Alston any other injury
or his death.
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 ofjudgment 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$4S,OOO.00 in the form of a check payable to petitioner as Executrix of the Estate of Charles Jeffrey Alston.
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 ofjudgment 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.
I0. Petitioner and petitioner's attorney 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-l 5(g), to the extent that payment has been made or can
2 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.
I 1. Payment made pursuant to paragraph 8 of this Stipulation, 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. Petitioner represents that she presently is, or within 90 days of the date ofjudgment
will become, duly authorized to serve as legal representative of Mr. Alston's estate under the laws
of the State of Pennsylvania. No payments pursuant to this Stipulation shall be made until
petitioner provides the Secretary with documentation establishing her appointment as legal
representative of Mr. Alston's estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as legal representative of Mr. Alston's estate at the time a payment pursuant
to this Stipulation is to be made, any such payment shall be paid to the party or parties appointed
by a court of competent jurisdiction to serve as legal representative of Mr. Alston's estate upon
submission of written documentation of such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and as executrix of Mr. Alston' s estate, on petitioner's own behalf, and on
behalf of Mr. Alston's 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, 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
3 l Oet 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 Mr. Alston resulting from, or alleged to
have resulted from, the flu vaccine administered on or about October 17, 2019, as alleged by
petitioner in a petition for vaccine compensation tiled on October J I, 2022, in the United States
Court of Federal Claims as petition No. 22-1494V.
15. If the special master fails to issue a decision in complete conformity with the tenns
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 shaJI 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 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 Mr. Alston's alleged injury,
any other injury or condition, or Mr. Alston's death.
18. All rights and obligations of petitioner in her capacity as executrix of Mr. Alston's
estate shall apply equally to her heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4 Respeett\Jlly submitted.
PE'ITl'IONIR:
s~~ A'ITORNEY OJ' RECORD FOR AUTHORIZED REPRSENTATIVE PE1Tl10NER; OF THE AITORNEY GENERAL:
. .HEATHER w c~ki-:P.w..&A~ L. PEARLMAN 1eftiey S. Pop & Associates Deputy Director 9150 Wilsbhe Blvd. Suite 241 Torts Branch Beverly Hills, CA 90212 Civil Division (310) 273-5462 U.S.DepartmentofJustice E-mail: jpop@popla~er.~om P.0.Box 146 Benjamin Franklin Station WashingtOn. DC 200#-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND BUMAN SERVICES: Olgltally signed by Jeffrey S • Jeffrey s. Beach -s
~~~ Date:202S.01.16 BeaC h ..S. 09:41:22 ~S'OO' for CAPT OBORGE REED OR.IMES. MD, MPH Director, Division of11\jury Trial Attorney Compc,Qaation Proarams Torts Branch Health Systems Bureau Civil Division Hoalth Reso\Rel and Services U.S. Department of Justice Administmtlon P.O.Box 146 U.S. Department ofHealth Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 YIShm Lane, 08W-2SA Tel: (202) 616-9824 Rockville, MD 20857 E-mail: Elizabeth,A.Andary@usdQj.gov
Dated: ()J Ifft/ aoas s