In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* JACQUESE F. HARRELL, * No. 22-635V * Petitioner, * Special Master Christian J. Moran * v. * * Filed: August 20, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner; Alexis B. Babcock, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION 1
On August 19, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Jacquese F. Harrell on June 8, 2022. Petitioner alleged that the influenza vaccine he received on October 22, 2020, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from Bell’s palsy and a central nervous system inflammatory demyelinating disorder. Petitioner further alleges that he suffered the residual effects of this injury 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 condition.
Respondent denies that petitioner suffered from Bell’s palsy or a central nervous system inflammatory demyelinating disorder; denies that the vaccine
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. caused petitioner’s alleged injuries, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.
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:
A lump sum of $22,000.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) JACQUESE F. HARRELL, ) ) Petitioner, ) ) No. 22-635V v. ) Special Master Moran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ________________.) STIPULATION
The parties hereby stipulate to the following matters:
1. Jacquese F. Harrell, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on or about October 22, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered Bell's palsy and a central nervous system
inflammatory demyelinating disorder as a result of the vaccination. He further alleges that he
experienced the residual effects of these conditions for more than siix months.
5. Petitioner represents thatthere has .been no prior award or settlement of a civil action
for damages on his behalf as a result of his conditions.
6. Respondent denies that petitioner suffered from Bell's palsy or a central nervous
1 system inflammatory demyelinating disorder; denies that the vaccine caused petitioner's alleged
injuries, or any other injury; and denies that petition,e r's 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 tmtered 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $22,000.00 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).
9. As soon as practicable after the entry of judgment ori entitlement in this case, and after
petitioner has filed .both aproper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit: to further proceedings before
the special master to award reasonable attorneys' fees and costs inc.urred in proceeding upon this
petition.
l O. Petitioner and his 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-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.
2 11. Payment ma:de 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-
l 5(i), subject to the availability of sufficient statutory funds.
12.
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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS
************************* JACQUESE F. HARRELL, * No. 22-635V * Petitioner, * Special Master Christian J. Moran * v. * * Filed: August 20, 2024 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * ************************* Scott B. Taylor, Urban & Taylor, S.C., Milwaukee, WI, for Petitioner; Alexis B. Babcock, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION 1
On August 19, 2024, the parties filed a joint stipulation concerning the petition for compensation filed by Jacquese F. Harrell on June 8, 2022. Petitioner alleged that the influenza vaccine he received on October 22, 2020, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer from Bell’s palsy and a central nervous system inflammatory demyelinating disorder. Petitioner further alleges that he suffered the residual effects of this injury 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 condition.
Respondent denies that petitioner suffered from Bell’s palsy or a central nervous system inflammatory demyelinating disorder; denies that the vaccine
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. caused petitioner’s alleged injuries, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.
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:
A lump sum of $22,000.00 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
) JACQUESE F. HARRELL, ) ) Petitioner, ) ) No. 22-635V v. ) Special Master Moran ) ECF SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) ________________.) STIPULATION
The parties hereby stipulate to the following matters:
1. Jacquese F. Harrell, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on or about October 22, 2020.
3. The vaccination was administered within the United States.
4. Petitioner alleges that he suffered Bell's palsy and a central nervous system
inflammatory demyelinating disorder as a result of the vaccination. He further alleges that he
experienced the residual effects of these conditions for more than siix months.
5. Petitioner represents thatthere has .been no prior award or settlement of a civil action
for damages on his behalf as a result of his conditions.
6. Respondent denies that petitioner suffered from Bell's palsy or a central nervous
1 system inflammatory demyelinating disorder; denies that the vaccine caused petitioner's alleged
injuries, or any other injury; and denies that petition,e r's 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 tmtered 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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $22,000.00 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).
9. As soon as practicable after the entry of judgment ori entitlement in this case, and after
petitioner has filed .both aproper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit: to further proceedings before
the special master to award reasonable attorneys' fees and costs inc.urred in proceeding upon this
petition.
l O. Petitioner and his 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-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.
2 11. Payment ma:de 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-
l 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 unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for petitioner's benefit 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 return for the payments 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. § 300aa-10 etseq., 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 October 22,
2020, as alleged by petitioner in a petition for vaccine compensation filed June 8, 2022, in the
United States Court of Federal Claims as petition No. 22-635V.
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.
3 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.
I 6. 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 petitioner's alleged injury or
any other injury or his current disabilities, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, arid/or assigns.
END OF STIPULATION
4 Respectfully submitted,
PETITIONER: '
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FORPETITIO OF THE ATTORNEY GENERAL:
SC 1T B. 1 -Mj~~ - Urban aylor Deputy Director Urban Taylor Law Building Torts Branch 4701 North Port Washington Road U.S. Department of Justice Foutth Floor P.O. Box 146 Milwaukee, Wisconsin 53212 Benjamin Franklin Station Phone:(414)906- 1700 Washington, D.C. 20044-0146 stay lor@wisconsin injury.com
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S, ~t:~t~g ned by Jeffrey Beach -5 ______ Date: 2024.08.0211:23:39 -04•00· for CAPT GEORGE REED GRIMES, MD, MPH ~B-~ctk_ A-Lat-s. B f:A& oc t_ .Je=HHfPl!tt K SHAH Director, Division of Injury ~ y -AsS lS.-1--"ZA~+- Y l'<'PC10< Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Healrh Benjamin Franklin Station and Human Services Washington, DC 20044-0 I46 5600 Fishers Lane, 08W-25A Tel: (202) 3<)5-2181 -(()l lo t (g 1 2r' Rockville, MD 20857 je1111ife1 .shah@usdoj.gov cut:_ o<-. le k-1s. l.?blbc
Dated: -? r-~v- ;-,11