The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*************************
LOAN NGUYEN, *
*
Petitioner, * No. 19-1188V
* Special Master Christian J. Moran
v. *
* Filed: November 20, 2024
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
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Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC , Washington, DC,
for Petitioner;
Mallori Browne Openchowski, United States Dep’t of Justice, Washington, DC,
for Respondent.
UNPUBLISHED DECISION 1
On November 19, 2024, the parties filed a joint stipulation concerning the
petition for compensation filed by Loan Nguyen on August 13, 2019. Petitioner
alleged that the influenza vaccine she received on September 25, 2016, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
her to suffer from a Table injury of GBS. Petitioner further alleges that she
suffered the residual effects of this condition for more than six months. Petitioner
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.
represents that there has been no prior award or settlement of a civil action for
damages on her behalf as a result of her condition
Respondent denies that petitioner sustained a GBS Table injury; denies that
the flu vaccine caused petitioner’s alleged GBS or any other injury; and further
denies that her current disabilities are 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. A lump sum of $204,020.13, which amount represents compensation
for first year life care expenses ($84,020.13) and combined pain and
suffering, and past unreimbursable expenses ($ 120,000.00), in the
form of a check payable to petitioner;
b. An amount sufficient to purchase the annuity contract described in
paragraph 10 below, paid to the life insurance company from which
the annuity will be purchased (the "Life Insurance Company").
These amounts represent 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.