Burgard v. Secretary of Health and Human Services
23-0290V
Fed. Cl.Jan 9, 2026Check TreatmentDocket
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-290V
CATHY BURGARD, Chief Special Master Corcoran
Petitioner, Filed: December 5, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessi Carin Huff, Maglio Christopher & Toale, PA, Seattle, WA, for Petitioner.
Julianna Rose Kober, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION 1
On February 27, 2023, Cathy Burgard 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 she suffered from Guillain-Barre Syndrome (“GBS”)
following the receipt of an influenza vaccine administered on November 13, 2020. Petition
at 1; Stipulation, filed at October 31, 2025, ¶ 1. Petitioner further alleges that the vaccine
was administered within the United States, that she sustained an injury within the time
period set forth in the Vaccine Injury, that she experienced the residual effects of her
condition for more than six months, and that there has been no award or settlement of a
civil action for damages on her behalf as a result of her injury. Petition at 1, 6-7; Stipulation
at ¶¶ 2-5. Respondent denies that Petitioner suffered a GBS Table injury; denies that the
flu vaccine caused or significantly aggravated Petitioner’s alleged GBS or any other injury;
and denies that her current condition is a sequela of a vaccine-related injury. Stipulation
at ¶ 6.
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. § 3501note (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).
Nevertheless, on October 31, 2025, the parties filed the attached joint stipulation, 3
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 Proffer, I award Petitioner a lump
sum payment of $455,000.00 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 Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision. 4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 The Nintex AssurSign signature pages located at pages 6-7 is omitted from the attached copy of the
stipulation.
4 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