VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00942 Package ID: USCOURTS-cofc-1_14-vv-00942 Petitioner: Matraeca Weydert Filed: 2016-10-21 Decided: 2017-02-13 Vaccine: influenza Vaccination date: 2013-10-18 Condition: Guillain-Barré Syndrome Outcome: compensated Award amount USD: 256659 AI-assisted case summary: Matraeca Weydert filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on October 18, 2013. She stated that she received her vaccinations in the United States, suffered residual effects for more than six months, and had not filed a civil suit or received other compensation. Respondent denied that the influenza vaccine caused her GBS or any other injury. Despite the denial, the parties filed a joint stipulation for damages, which the court found reasonable. The stipulation awarded Matraeca Weydert a lump sum of $256,659.92, which included $6,659.92 for first-year life expenses and $250,000.00 for pain and suffering. The award also included an amount sufficient to purchase an annuity contract. The court approved the compensation amount and directed that judgment be entered accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_14-vv-00942-0 Date issued/filed: 2017-02-13 Pages: 10 Docket text: PUBLIC DECISION (Originally filed: 10/21/2016) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 1 of 10 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 14-0942V Filed: October 21, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * MATRAECA WEYDERT, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; * Guillain-Barré Syndrome (“GBS”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for petitioner. Claudia B. Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 6, 2014, petitioner 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 alleged that she suffered injuries resulting in Guillain-Barré Syndrome (“GBS”) after receiving multiple vaccines, including the influenza vaccine, on October 18, 2013. Petition at 1, ¶¶ 3, 17; see also Stipulation, filed Oct. 20, 2016, at ¶¶ 1-2, 4. Petitioner further alleged that she received her vaccinations in the United States, that she suffered the residual effects of her injuries for more than six months, and that she has not filed a civil suit or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 3, 17-18; see also Stipulation at ¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer from GBS or any other injury or her current condition.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to 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 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 2 of 10 Nevertheless, on October 20, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. (ECF No. 33). The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: 1. A lump sum payment of $256,659.92, representing compensation in the amount of $6,659.92 for first year life expenses and $250,000.00 for pain and suffering in the form of a check payable solely to petitioner, Matraeca Weydert; 2. An amount sufficient to purchase the annuity contract described in the stipulation (id. at ¶ 10) paid to the life insurance company meeting the requirements set forth in the stipulation (id. at ¶9) from which the annuity will be purchased. Id. at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 3 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 4 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 5 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 6 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 7 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 8 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 9 of 10 Case 1:14-vv-00942-UNJ Document 40 Filed 02/13/17 Page 10 of 10