In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* JEFFERY BOHLMANN, * * No. 22-674V Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 2, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington DC, for Petitioner; Mallori Openchowski, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On December 21, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Jeffery Bohlmann on June 16, 2022. Petitioner alleges that the influenza (“flu”) vaccine caused him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that his symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury.
Respondent denies that the flu vaccine caused petitioner to suffer from CIDP.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. A lump sum of $200,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation. 2
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 I~ TIU: UNITED S'l'A'fES coun OF FEDERAL CLAIMS OFFICE OF SPECl,\L MASTERS
JEr-FERY OOIIL:\1A "lN.
Petitioner. No. 22-674V Special 1\t!astcr \tlornn
Sf; ' llETARY OF HEALTII i\i':D 1-1 "M,\N SERVICES.
Rc~pondcnt.
The parties hereby stipulate to the follOI\ ing maucr~:
I. Petitioner. Jcffcr) Aohlmann. likd a petition for vaccine compensation under the
:--,a1io11al Vm;cim: Injury Compc11sntion Progrnm. -12 lJ. S.C. *JOOaa-10 to 3-1 (1hc ··Vuccinc l'rogrnm··i. The petition seeks co111pensa11on for injuries allcgc
uf the innuenn ("llu··i , accinc. which , a, cinc is contained in the V.1cci111.: ln_jur~ ·1able (the
"Tab le"). 42 C.F.R. § I00 ..1 (,1).
2. Petitioner rccc i,·cd a flu rnccinc on or about October 26. :?020
] . l"hc vaccine ,,as administen!d "ithin the United States.
-1 . Petitioner alleges thut the flu immunization he reccin:d 011 ~,r about Octoher :?6. :?020
criuscd him 10 develop Chronic lntl:unmatory 0cm) elinating l'ol~ neu ropathy (··CJDI'""). 011.J
furthe r alleges that he suffered the residual effects of this injur) for more than six months.
5. l'elitioncr represents that there has hcen no prior award or settlement ufa civil acti(>n
lix damages on his bclrnlf as a result of his condit ion .
6. Respondent denies that the flu vaccine cau5ed pctitionc:r·~ alleged (ll)p or an~ otht!r
injur_\. and furthe r denie~ that his current disabilities arc a sequel11 ofa rncc inc-l'clatcd ini ur_\ .
Page I of 5 7. Maintaining their 11huqi-statcd positions. 1he parties ne,-cnhclcs~ nm, agree 1ha1 the
issues bcll\een them shall be , eulc
wmpensation
8. As s0011 a~ practicuble ,1ficr an cmr~ ofjlU.lgmcnt rcllt:cling a
the tt:rms of this Stipulation. and ttlh:r pe1i1ioner has filed an election lo recei1e compensntion
pursuant to 42 U.S. C. ~ JO0aa-21 (a)( I). the Secretat') of I lea Ith and I h1111an S~n-iccs will ii;_~ue 1hc
follo\\'ing vaccine co111pe11sa1ion payment:
A lump sum of $200.000.00 in the fonn of a du:ck pa) able to petitioner. representing compcn~ation for all damages that would be available under 42 U.S.C. ~ J00aa-1 S(a).
9. J\s soon as practicahlc alicr the enll'} ofjudgmclll on cntitlemem in this case. mid af1cr
petitioner has filed bmh a proper and timely election to receive compensation pursuant to 42 l •.S .C.
*~00aa-2l(a)(I). and m1 application. the pmtics will submil 10 fun her proceedings before the
special master 10 a\\ard reasonable attomeys' fees and costs incurred in proceeding upon this
petition.
I0. Petitioner and his ,tttornc~ rcprcscnl thnt they ha,·c identified to respondent ull known
sources of pa) ment for items or services for which 1he Progrmn is not prim,1ril) liable under -1 2
lJ.S.C. § 300aa- I 5(g}. including Swtc wtnpensation progrmns. in.surance policies. Federal or Sl\ll~
health bt:nt:fits programs (01ltcr than Title XIX of the Social Securit) Act (-12 U.S.C. *I 396 et seq.)). or entities that prov idc health services on a prepaid basis.
11. Payment made pursuant to paragraph 8 of this Stipt1lation and an~ amounts a,,arded
purnmnt 10 paragraph 9 \\ ill be made in accordance " ·i1h -12 L.S.C. ~ 300aa-J5(iJ. ~ubjcct to the
availability of sufficient stalutor) funds. 12. The parties and their attorne) s funhcr agree and stipulate 1ha1. except for an) a,1 ar
for all(>rnc)s· fees and litigmion costs. and past rnm:irnbursed expenses. the monc) prO\ idcd
purs1w111 to this Stipulation " ill be w,cd sole!) for the benefit of petiti1>nt·r as co11tcmplatc(I b) a
strict construction or 42 U.S.C. ~ 300aa- l 5(al and (dl. and subjec1 to the conditions of ,Q l.' .S.C.
*J00aa- I 5(g) and (h). 13. In return for the payments described in p.iragraphs 8 and?. petitioner. in his indi\'idual
capacit) . and on behalf or her hei rs. executors. admin istrators. successors. and assigm. dot:~
forcl'C:r irrcrncabl) and uncond itionally release. acquit ,rnd di~chargc the Lnitcd State~ 1md the
Secretary of Health and Human Ser\'ices from an) and all action:; or causes of action (including
agreements. judg1m:nts. claims. damages. IOS!> of services. expenses and all demands of 11 hatever
!..ind or nature) 1ha1 ha1·c been brought. could have been brought. or eo1dd h<: timely brought i11 the
Unit.:d States Cou11 of federal Claims. under the Nmio,wl Vaccine Injury Compensation Program.
-12 U.S.C. § J00aa-1 0 et seq .. on account or. or in an) \\ a) grm1 ing out of.
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* JEFFERY BOHLMANN, * * No. 22-674V Petitioner, * * Special Master Christian J. Moran v. * * Filed: January 2, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * *************************
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington DC, for Petitioner; Mallori Openchowski, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION 1
On December 21, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Jeffery Bohlmann on June 16, 2022. Petitioner alleges that the influenza (“flu”) vaccine caused him to suffer from chronic inflammatory demyelinating polyneuropathy (“CIDP”). Petitioner further alleges that his symptoms persisted for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on his behalf as a result of his alleged injury.
Respondent denies that the flu vaccine caused petitioner to suffer from CIDP.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted on the website. A lump sum of $200,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation. 2
IT IS SO ORDERED.
s/Christian J. Moran Christian J. Moran Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 I~ TIU: UNITED S'l'A'fES coun OF FEDERAL CLAIMS OFFICE OF SPECl,\L MASTERS
JEr-FERY OOIIL:\1A "lN.
Petitioner. No. 22-674V Special 1\t!astcr \tlornn
Sf; ' llETARY OF HEALTII i\i':D 1-1 "M,\N SERVICES.
Rc~pondcnt.
The parties hereby stipulate to the follOI\ ing maucr~:
I. Petitioner. Jcffcr) Aohlmann. likd a petition for vaccine compensation under the
:--,a1io11al Vm;cim: Injury Compc11sntion Progrnm. -12 lJ. S.C. *JOOaa-10 to 3-1 (1hc ··Vuccinc l'rogrnm··i. The petition seeks co111pensa11on for injuries allcgc
uf the innuenn ("llu··i , accinc. which , a, cinc is contained in the V.1cci111.: ln_jur~ ·1able (the
"Tab le"). 42 C.F.R. § I00 ..1 (,1).
2. Petitioner rccc i,·cd a flu rnccinc on or about October 26. :?020
] . l"hc vaccine ,,as administen!d "ithin the United States.
-1 . Petitioner alleges thut the flu immunization he reccin:d 011 ~,r about Octoher :?6. :?020
criuscd him 10 develop Chronic lntl:unmatory 0cm) elinating l'ol~ neu ropathy (··CJDI'""). 011.J
furthe r alleges that he suffered the residual effects of this injur) for more than six months.
5. l'elitioncr represents that there has hcen no prior award or settlement ufa civil acti(>n
lix damages on his bclrnlf as a result of his condit ion .
6. Respondent denies that the flu vaccine cau5ed pctitionc:r·~ alleged (ll)p or an~ otht!r
injur_\. and furthe r denie~ that his current disabilities arc a sequel11 ofa rncc inc-l'clatcd ini ur_\ .
Page I of 5 7. Maintaining their 11huqi-statcd positions. 1he parties ne,-cnhclcs~ nm, agree 1ha1 the
issues bcll\een them shall be , eulc
wmpensation
8. As s0011 a~ practicuble ,1ficr an cmr~ ofjlU.lgmcnt rcllt:cling a
the tt:rms of this Stipulation. and ttlh:r pe1i1ioner has filed an election lo recei1e compensntion
pursuant to 42 U.S. C. ~ JO0aa-21 (a)( I). the Secretat') of I lea Ith and I h1111an S~n-iccs will ii;_~ue 1hc
follo\\'ing vaccine co111pe11sa1ion payment:
A lump sum of $200.000.00 in the fonn of a du:ck pa) able to petitioner. representing compcn~ation for all damages that would be available under 42 U.S.C. ~ J00aa-1 S(a).
9. J\s soon as practicahlc alicr the enll'} ofjudgmclll on cntitlemem in this case. mid af1cr
petitioner has filed bmh a proper and timely election to receive compensation pursuant to 42 l •.S .C.
*~00aa-2l(a)(I). and m1 application. the pmtics will submil 10 fun her proceedings before the
special master 10 a\\ard reasonable attomeys' fees and costs incurred in proceeding upon this
petition.
I0. Petitioner and his ,tttornc~ rcprcscnl thnt they ha,·c identified to respondent ull known
sources of pa) ment for items or services for which 1he Progrmn is not prim,1ril) liable under -1 2
lJ.S.C. § 300aa- I 5(g}. including Swtc wtnpensation progrmns. in.surance policies. Federal or Sl\ll~
health bt:nt:fits programs (01ltcr than Title XIX of the Social Securit) Act (-12 U.S.C. *I 396 et seq.)). or entities that prov idc health services on a prepaid basis.
11. Payment made pursuant to paragraph 8 of this Stipt1lation and an~ amounts a,,arded
purnmnt 10 paragraph 9 \\ ill be made in accordance " ·i1h -12 L.S.C. ~ 300aa-J5(iJ. ~ubjcct to the
availability of sufficient stalutor) funds. 12. The parties and their attorne) s funhcr agree and stipulate 1ha1. except for an) a,1 ar
for all(>rnc)s· fees and litigmion costs. and past rnm:irnbursed expenses. the monc) prO\ idcd
purs1w111 to this Stipulation " ill be w,cd sole!) for the benefit of petiti1>nt·r as co11tcmplatc(I b) a
strict construction or 42 U.S.C. ~ 300aa- l 5(al and (dl. and subjec1 to the conditions of ,Q l.' .S.C.
*J00aa- I 5(g) and (h). 13. In return for the payments described in p.iragraphs 8 and?. petitioner. in his indi\'idual
capacit) . and on behalf or her hei rs. executors. admin istrators. successors. and assigm. dot:~
forcl'C:r irrcrncabl) and uncond itionally release. acquit ,rnd di~chargc the Lnitcd State~ 1md the
Secretary of Health and Human Ser\'ices from an) and all action:; or causes of action (including
agreements. judg1m:nts. claims. damages. IOS!> of services. expenses and all demands of 11 hatever
!..ind or nature) 1ha1 ha1·c been brought. could have been brought. or eo1dd h<: timely brought i11 the
Unit.:d States Cou11 of federal Claims. under the Nmio,wl Vaccine Injury Compensation Program.
-12 U.S.C. § J00aa-1 0 et seq .. on account or. or in an) \\ a) grm1 ing out of. any and all kno\, 11 m
u11k11om1. suspected or unsuspec1cd personnl injuries to or dcmh of petitioner resulting from. or
nlleged to have resulted from. the flu vaccinution udmini~tcrec.l 0 11 or about October 26. 2020. a~
alleged b~ petitioner in a petition for vaccine compensation filed 011 or 3bout June 16. 202'.!. in the
United States Court of Federal Ck1ims as petition No. 22-67,1 V.
1-1. If petitioner should dk prior to cntr) ofjuc.lg111c111. this agreement shall be llli(l.tblc
upon proper notice to the Court on bclwlf ur either or both of the parties.
15. If the special master fails to issue u decision in complete confonnil) \\ ith the terms of
this S1ipulation or if the United Slates l(Hn1 or ft:dcrnl Claims fails to enter judgment in
t:011fon11ity \lith a decision tlwt is in con1plcte conformity "·ith the terms of this Stipulation. then
the pa11ics· settlemc:nt 1111d this Stipulation shall be I oidabk m the S()ic discretio11 of either pany.
Page J of 5 16. This Stipulation expresses a liill and complete negotiated sculcmcnt of liabilit~ und
d~111a.3cs claimed under the National Childhood Vaccinc lnjur~ Act or 191!6. us ,1mcnded. except
"~ uthtr" isc noted in paragraph 9 .il,o, c. lhcrc i~ absolute I~ 110 ngreemcnt on the part of the
parties hereto co make any pa) mcnt or do ,my ,Kl or thing 01hcr than is h~rcin C.\prcs:-li ~tated and
clcarl~ agn:ccJ to. The pm1ies further agree and understand that tht: "" ard clt:~cribc
Stipulation may n:Oect a compromise of the pa11ies· respective positions as to lhtbilit)' anchir
amount of damages. and funher. that a change in the nature of the injury or condition or in the
item~ of compensation sought. is not grounds to mod if) or revise this agrecmc111.
17. This Stipulation shall not he construed as an admission by the L"nited Stales or the
Secretary of Henhh and Human Scr"iccs that the flu vaccine caused petitioner's allt:ged Clf)P or
any other injury or any of his current disabilities.
18. All rights and obligations of petitioner hereunder shall appl~ equnll~, to pt!litioncr"s
heirs. executors. admin is1rntors. successors. and/or iissigns.
END OF STll'lJL ATION
Page -l 1,r 5 llcsp~d'ull~ sullminl!d.
l'ETITIONER:
.-HTOH~F.Y OF HF.CORD FOR AL:THOIUZED 1u:P1u:s.:., ·T ,\ TIVE Pl~TITIO~EH: rn-- -rnt ATTOHNEY c;r..-.F:IUL:
~~~ I IE/\ rt I1:.R L. l' l:.i\RLMAN L>cput~ l)ircctor i7 17 K Strccl. N W Tons Oranch Suite 900 Ci,·il Oi, ision Wa.~hington. D.C. 10006 U. S. Dcpa11mcnt ofJu~ticc ( '.!02) 775-9:!00 I'. 0 . Bo:-c 146 lk 11 j.i111i11 Fr,mkl in Station \\':ish ingtoll. D.C. JOO-l-1-01-i(,
AUTIIOIUZEU REPltESENTATIVF. OF /\ TTORNF.Y OF IU:CORD FOi{ THf, SF:CRETARY OF IIEALTII AND RF.Sl'ONDEi\T : HUi\UN SERVICES: George R. Grimes Gt,n,e~ o :9'i, l,y~9•