Bohannon v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 24-1430V

JOYCE BOHANNON, Personal Chief Special Master Corcoran

Representative of ESTATE OF

CLAUDE BOHANNON, JR., Filed: April 24, 2026

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On September 13, 2024, Joyce Bohannon, as personal representative of the

estate of Claude Bohannon, Jr., filed a petition for compensation under the National

Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine

Act”). Petitioner alleges that Mr. Bohannon suffered Guillain-Barré syndrome (“GBS”)

resulting from an influenza (“flu”) vaccine received on October 18, 2022. Petition at 1;

Stipulation, filed April 23, 2026, at ¶¶ 2-4. Petitioner further alleges that the vaccine was

administered within the United States, Mr. Bohannon’s death on or about November 19,

2022 was a sequela of his alleged vaccine-related injury, and there has been no prior

award or settlement of a civil action for damages on Mr. Bohannon’s behalf as a result of

his alleged injury and/or death. Petition at ¶¶ 6-9; Stipulation at ¶¶ 3-5. “Respondent

denies that decedent suffered a GBS Table injury; denies that the flu vaccination caused

or significantly aggravated decedent’s alleged GBS, or any other injury or condition; and

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).

denies that decedent’s alleged GBS or any other alleged vaccine-related injury caused

his death.” Stipulation at ¶ 6.

Nevertheless, on April 23, 2026, 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 $186,500.00, to be paid through an ACH deposit to Petitioner’s

counsel’s IOLTA account for prompt disbursement to Petitioner as legal

representative of the Estate of Claude Bohannon. Stipulation at ¶ 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

Vinesign Document ID: 9909BA66-7F51-447D-BB19-E8AC255669AA

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

JOYCE BOHANNON,personal

representative ofthe Estate cf CLAUDE

BOHANNON, JR.,

Petitioner, No. 24- 1430V

Chief Special Master Corcoran

V. ECF

SECRETARY OF HEALTH AND

T IUMAN SERVICES,

Respondent,

STIPULATION

The parti es hereby stipu late to the following matters:

I. On September 13, 2024, Joyce Bohannon (''petitioner" ), as personal

representative of the Estate of Claude Bohannon (''decedent"), filed a petition for vaccine

compensation tmder the National Vaccine Inj ury Compensation Program, 42 U.S.C. § 300aa- 10

to -34 (the " Vaccine Program"). The petition seeks compensation for injuries allegedly related to

decedent's receipt of an influcn;rn (" nu") vaccine, which vacci ne is contained in the Vaccine

Injury Table (the "Table''), 42 C.F. R. § I 00.3(a).

2. Decedent received a flu vaccine on October 18, 2022.

3. The vaccine was administered within the United States.

4. Petitioner alleges that decedent suffered the injury Guillai n-Barre Syndrome

("GBS") w ithin the Table timcframc following the flu immunization he received on or about

October 18, 2022. Petit ioner further alleges that decedent's death on or about November 19,

2022, was a sequel a of his alleged vaccine-related injury.

The signed document can be validated at https://app.vinesign.com/Verify

5. Petit ioner represents that there has been no prior award or settlement of a civil

action for damages on decedent's behal f as a result of his al leged injury and/or death.

6. Respondent denies that decedent suffered a GBS Table injury; denies that the flu

vaccination caused or significantly aggravated decedent's alleged GBS, or any other injury or

cond ition; and denies that decedent's alleged GBS or any other alleged vaccine-related injury

caused his death.

7. Maintaining their above-stated posit ions, the parties nevertheless now agree that

the issues between them shall be sett led and that a decision shou ld be entered awarding the

compensation descri bed in paragraph 8 of this Stipulation.

8. As soon as pract icable after an entry of judgment refl ecting a decision consistent

w ith the term s of this Stipulation. and after petitioner has fi led an election to receive

compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of I lealth and I l uman

Serv ices w ill issue the following vaccine compensation payment:

A lump sum payment of $186,500.00 to be paid through an A CH deposit to petitioner's

counsel 's l OLTA account for prompt disbursement to petitioner as legal representative of

the Estate of Claude Bohannon. T his amount represents compensation for all damages

that wou ld 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. § J00aa-2 1(a)( I), and an application, the parties w ill submit to further proceedings

before the special master to award reasonable attorneys' fees and costs i ncurred in proceeding

upon this petition.

I 0. Petitioner and her attorney represent that compensation to be provided pursuant to

this Stipulation is not for any items or services for w hich the Program is not primarily liable

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under 42 U.S.C. § 300aa-1 S(g), lo 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 T itle X IX of the Social Security Act (42 U.S.C. §

1396 ct seq.)), or by entities that provide health services on a pre-paid basis.

11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to

paragraph 9 of this Stipulation wi ll be made in accordance wi th 42 U.S.C. § 300aa- 15(i), subject

to the availabi lity of su rticicnt statutory fund s.

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 the bencnt of petitioner as

contemplated by a strict constru ction of 42 U.S.C. § 300aa- I 5(a) and (cl), and subject to the

cond itions of 42 U.S.C. § 300aa- l 5(g) and (h).

13. In return for the payments descri bed in paragraphs 8 and 9, petitioner. in her

individual capacity and as personal representative of the Estate of Claude Bohannon, on her own

behalf , and on behalf of decedent's heirs, executors, administrators, successors or assigns, docs

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 al I demands of whatever

kind or nature) that have been brought, cou ld have been brought, or cou ld 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 or decedent resulting from, or

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alleged to have resulted from, the flu vacc ination adm inistered on October 18, 2022, as alleged in

a petition for vaccine compensation filed on or about September 13, 2024, in the Un ited States

Court of Federal Claims as petition No. 24- I 430V.

14. Petitioner represents that she presently is duly authorized to serve as Personal

Representative of the Estate of Claude Bohannon, under the laws of the State of Kentucky. No

payments pursuant to th is Stipulation shall be made until petitioner provides the Secretary with

documentation establishing her appointment as Personal Representative of the Estate of Claude

Bohannon. I f petitioner is not authorized by a couIt of competent jurisdiction to serve as

Personal Representative of the Estate of Claude Bohannon at the time a payment pursuant to th is

Stipulation is to be made, any such payment shall be paid to the party or parties appointed by a

court of competentjurisd iction to serve as legal representative of the Estate of Claude Bohannon,

upon subm ission of w ritten documentation of such appoi ntment to the Secretary.

15. I f the special master fails to issue a decision in complete conform ity w ith the

terms of this Stipulation or if the Court of Federal C laims fail s to enter judgment in conform ity

with a decision that is in complete conformity w ith the terms or t his Stipu lation, then the parties'

settlement and this Stipulation shal l be voidab le at the sole discretion or either party.

16. T his Stipu lation expresses a full and complete negotiated settlement of liability

and damages claimed under the National Ch ildhood Vaccine Injury Act of 1986, as amended,

except as otherw ise noted in paragraph 9 above. There is absolute ly 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 comprom ise of the parties' respective positions as to l iability and/or

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amount of damages, and further, that a change in the nature of the injury or condition or i n the

items of compensation sought, is not grounds to modi fy or revise this agreement.

17. T hi s 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 decedent's alleged GBS, or

any other injury or condition, or death, or that decedent suffered a Vaccine Table injury.

18. A ll ri ghts and obligations o f petit ioner hereunder in petitioner ' s capacity as

personal representative of the Estate of Claude Bohannon shall apply equally to petitioner's heirs,

executors, admin istrators, successors. and/or assigns.

END OF

STIPULATION

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Respectfu11 y submitted,

PETITIONER:

JOYCE BOHANNON

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE

OF THE ATTORNEY GENERAL:

PF

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MAXIMILLIAN J. MULLER HEATHER L. PEARLMAN

Muller Brazil Deputy Director

7 15 Twining Road, Suite 208 Torts Branch

Dresher, PA 19025 Civil Division

(215) 885-1655 U.S. Department of Justice

max@mullerbrazi l.com P.O. Box 146

Benjamin Franklin Station

Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR

OF THE SECRETARY OF HEALTH RESPONDENT:

AND HUMAN SERVICES:

George R. Grimes - Digitally signed by George R. )v'ICV\N?,__ie.~~

Grimes -516

516 Da te: 2026.04.1414:46:24-04'00' ~ ~ L P-c~

CAPT GEORGE REED GRIMES, MD, MPH JULIANNA R. KOBER

Director, Division of Injury Trial Attorney

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 Health Benjamin Franklin Station

and Human Services Washington, DC 20044-0 146

5600 Fishers Lane, I 4W- l 8 (202) 742-6375

Rockville, MD 20857 Julianna.R.Kober@usdoj.gov

Dated: o'flz 1hA2b

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