VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00065
Package ID: USCOURTS-cofc-1_15-vv-00065
Petitioner: Varnadora McNeal Hawkins
Filed: 2015-01-22
Decided: 2017-02-23
Vaccine: influenza
Vaccination date: 2013-10-04
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 360000

AI-assisted case summary:
On January 22, 2015, Leah Hawkins Bennett, as the personal representative of the Estate of Varnadora McNeal Hawkins, filed a petition under the National Vaccine Injury Compensation Program. The petition alleged that Ms. Hawkins received an influenza vaccination on October 4, 2013, and subsequently developed Guillain-Barre Syndrome (GBS). It further alleged that Ms. Hawkins died on July 11, 2014, from GBS-related sequelae. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused Ms. Hawkins' alleged GBS or death. The parties reached a joint stipulation to settle the case, filed on September 12, 2016. As part of the stipulation, the respondent agreed to pay a lump sum of $360,000.00, payable to petitioner as the legal representative of the Estate of Varnadora McNeal Hawkins. This amount was stated to represent compensation for all damages available under the National Childhood Vaccine Injury Act. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed the clerk of the court to enter judgment accordingly. The decision was issued on February 23, 2017. Petitioner's counsel was Alison Haskins of Maglio Christopher and Toale, PA. Respondent's counsel was Adriana Teitel of the US Department of Justice.

Theory of causation field:
Petitioner alleged that Varnadora McNeal Hawkins received an influenza vaccine on October 4, 2013, and subsequently developed Guillain-Barre Syndrome (GBS), leading to her death on July 11, 2014. Respondent denied causation. The parties reached a joint stipulation to settle the case. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The settlement award was a lump sum of $360,000.00 to the Estate of Varnadora McNeal Hawkins. The decision was issued by Special Master Mindy Michaels Roth on February 23, 2017, adopting the stipulation. Petitioner's counsel was Alison Haskins, and respondent's counsel was Adriana Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00065-0
Date issued/filed: 2017-02-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/13/2016) regarding 43 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (jo) Copy to parties.
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Case 1:15-vv-00065-UNJ Document 47 Filed 02/23/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: September 13, 2016)
No. 15-65V
* * * * * * * * * * * * * UNPUBLISHED
LEAH HAWKINS BENNETT, *
as Personal Representative of the *
Estate of VARNADORA * Decision on Joint Stipulation;
MCNEAL HAWKINS, deceased * Guillain-Barre Syndrome
* (“GBS”); Death;
Petitioner, * Influenza (“Flu”) Vaccine.
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Alison Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Adriana Teitel, US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On January 22, 2015, Leah Hawkins Bennett (“Petitioner”) filed a petition for
compensation as personal representative of her deceased mother, Varnadora McNeal Hawkins,
under the National Vaccine Injury Compensation Program.2 Petitioner alleges that Ms. Hawkins
developed Guillain-Barre Syndrome (“GBS”) as a result of receiving an influenza vaccination on
October 4, 2013, and died on July 11, 2014, as a result of GBS-related sequela. See Stipulation,
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend to post this
decision on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002,
Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). In
accordance with Vaccine Rule 18(b), a party has 14 days to identify and move to delete medical or other
information, that satisfies the criteria in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule
requirement, a motion for redaction must include a proposed redacted decision. If, upon review, I agree that the
identified material fits within the requirements of that provision, I will delete 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).
1

Case 1:15-vv-00065-UNJ Document 47 Filed 02/23/17 Page 2 of 7
filed September 12, 2016, at ¶¶ 1-4. Respondent denies that the influenza immunization caused
Ms. Hawkins’ alleged GBS or death. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On September 12, 2016, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $360,000.00 in the form of a check payable to petitioner as legal
representative of the Estate of Varnadora McNeal Hawkins. This amount
represents compensation for all damages that would be available under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

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