Sn the Cited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 21-1142V
He GK OK OK OK OK OK OK ok ok ok ok Kk Kk ok ok ok ok OK OK OK OK Kk Kk OK
AND HUMAN SERVICES,
Respondent.
*
DONALD OLSON, * Chief Special Master Corcoran *
Petitioner, * Filed: March 17, 2026
* V. * * SECRETARY OF HEALTH * * * * * *
He GK OK OK OK OK KK ok ok ok ok Kk Kk ok ok ok ok OK OK OK OK ok
Julia W. McInerny, Mctlaw, Washington, D.C., for Petitioner. Lauren Kells, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES!
On March 31, 2021, Donald Olson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program’).” Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of his December 9, 2018, Tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months.
' Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Jd.
* The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Respondent denies that the Tdap vaccine caused Petitioner to suffer GBS or any other injury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (March 17, 2026) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto as appendix A) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The stipulation awards:
e A lump sum of $180,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.
Stipulation 4 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.*
IT IS SO ORDERED.
/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. Case 1:21-vv-01142-UNJ Document 73 Filed 03/17/26 Pagelof7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
DONALD OLSON,
Petitioner, No. 21-1142V
Special Master Gowen
vs, ECF SECRETARY OF HEALTH AND HUMAN SERVICES,
STIPULATION
The parties hereby stipulate to the following matters:
1. Donald Olson (“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 a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a)
2. Petitioner received a Tdap vaccine on December 9, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered injuries including Guillain-Barré syndrome (“GBS”) that was caused-in-fact by the Tdap vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner’s behalf as a result of the alleged injury. Case 1:21-vwv-01142-UNJ Document 73 Filed 03/17/26 Page 2of7
6. Respondent denies that petitioner’s alleged GBS or its residual effects were caused- in-fact by the Tdap vaccine; and denies that the Tdap vaccine caused petitioner any other injury or petitioner’s current condition.
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:
A lump sum of $180,000.00 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).
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 U.S.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 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-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.
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Sn the Cited States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 21-1142V
He GK OK OK OK OK OK OK ok ok ok ok Kk Kk ok ok ok ok OK OK OK OK Kk Kk OK
AND HUMAN SERVICES,
Respondent.
*
DONALD OLSON, * Chief Special Master Corcoran *
Petitioner, * Filed: March 17, 2026
* V. * * SECRETARY OF HEALTH * * * * * *
He GK OK OK OK OK KK ok ok ok ok Kk Kk ok ok ok ok OK OK OK OK ok
Julia W. McInerny, Mctlaw, Washington, D.C., for Petitioner. Lauren Kells, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES!
On March 31, 2021, Donald Olson filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program’).” Petitioner alleges that he suffered from Guillain-Barré Syndrome (“GBS”) as a result of his December 9, 2018, Tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination. Moreover, Petitioner alleges that he experienced residual effects of this injury for more than six months.
' Because this decision contains a reasoned explanation for my actions in this case, I will post it on the United States Court of Federal Claims website, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Jd.
* The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Respondent denies that the Tdap vaccine caused Petitioner to suffer GBS or any other injury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (March 17, 2026) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto as appendix A) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein.
The stipulation awards:
e A lump sum of $180,000.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner.
Stipulation 4 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.*
IT IS SO ORDERED.
/s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. Case 1:21-vv-01142-UNJ Document 73 Filed 03/17/26 Pagelof7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
DONALD OLSON,
Petitioner, No. 21-1142V
Special Master Gowen
vs, ECF SECRETARY OF HEALTH AND HUMAN SERVICES,
STIPULATION
The parties hereby stipulate to the following matters:
1. Donald Olson (“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 a tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a)
2. Petitioner received a Tdap vaccine on December 9, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that petitioner suffered injuries including Guillain-Barré syndrome (“GBS”) that was caused-in-fact by the Tdap vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on petitioner’s behalf as a result of the alleged injury. Case 1:21-vwv-01142-UNJ Document 73 Filed 03/17/26 Page 2of7
6. Respondent denies that petitioner’s alleged GBS or its residual effects were caused- in-fact by the Tdap vaccine; and denies that the Tdap vaccine caused petitioner any other injury or petitioner’s current condition.
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:
A lump sum of $180,000.00 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).
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 U.S.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 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-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. Case 1:21-vwv-01142-UNJ Document 73 Filed 03/17/26 Page 3of7
11. Payment made pursuant 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-15(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 attorney’s 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 return for the payments described in paragraphs 8 and 9, petitioner, in petitioner’s individual capacity, and on behalf of petitioner’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 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 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 Tdap vaccination administered on December 9, 2018, as alleged in a petition for vaccine compensation filed on or about March 31, 2021, in the United States Court of Federal Claims as petition No. 21-1142V.
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. Case 1:21-w-01142-UNJ Document 73 Filed 03/17/26 Page4of7
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 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 Tdap vaccine caused petitioner’s alleged injury or any other injury or petitioner’s current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION Case 1:21-vwv-01142-UNJ Document 73 Filed 03/17/26 Page5of7
Respectfully submitted,
PETITIONER:
j 14.05 17 1PM TED $04 ~]
DONALD OLSON
ATTORNEY OF RECORD FOR PETITIONER:
QL
AOL eT MCINERNY
metl
1310 G St. NW
Suite 610
Washington, DC 20005 202-921-1096
Email: jmcinerny@mctlaw.com
AUTHORIZED REPRESENTATIVE OF THE SECRETARY OF HEALTH AND HUMAN SERVICES:
Digitally signed by J effrey S * — Jeffrey S. Beach -S
Date: 2026.03.04 Beach -S 15:28:22 -05'00' for
CAPT. GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Compensation Programs
Health Systems Bureau
Health Resources and Services Administration
U.S. Department of Health and Human Services
5600 Fishers Lane, 14W-18
Rockville, MD 20857
Dated: Noy Ch ‘1 1 Lo2lo
AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL:
Lely HEATHER L. PEARLMAN Deputy Director Torts Branch Civil Division U.S. Department of Justice P.O. Box 146
Benjamin Franklin Station Washington, DC 20044-0146
ATTORNEY OF RECORD FOR RESPONDENT:
Ka rn de ee LAUREN KELLS Trial Attorney Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 202-616-4187 lauren.kells@usdoj.gov