VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00728
Package ID: USCOURTS-cofc-1_15-vv-00728
Petitioner: Constance Wadkins
Filed: 2015-07-14
Decided: 2016-08-16
Vaccine: influenza
Vaccination date: 2013-01-07
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 190000

AI-assisted case summary:
Constance Wadkins filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2015. She alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 7, 2013, and a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine received on January 24, 2013. Ms. Wadkins further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the vaccinations caused her alleged injuries or any other condition. Nevertheless, on June 28, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Constance Wadkins was awarded a lump sum of $190,000.00, payable to her, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. Petitioner counsel was Isaiah R. Kalinowski of Maglio Christopher & Toale, PA, and respondent counsel was Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Constance Wadkins alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 7, 2013, and a Tdap vaccine received on January 24, 2013, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $190,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision was issued on August 16, 2016, based on a stipulation filed June 28, 2016. Attorneys for petitioner were Isaiah R. Kalinowski and for respondent was Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00728-0
Date issued/filed: 2016-08-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/28/2016) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00728-UNJ Document 41 Filed 08/16/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0728V
Filed: June 28, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CONSTANCE WADKINS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Tetanus-
* Diphtheria-Acellular Pertussis (“Dtap”)
SECRETARY OF HEALTH * Vaccine; Guillain-Barré Syndrome
AND HUMAN SERVICES, * (“GBS”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Isaiah R. Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 14, 2015, Constance Wadkins (“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 alleges that she suffered from
Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine she received
on January 7, 2013, and a Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she
received on January 24, 2013. Petition at 1-5; Stipulation, filed June 28, 2016, at ¶ 4.
Petitioner further alleges that she experienced the residual effects of this injury for more
than six months. Petition at 5; Stipulation at ¶ 4. “Respondent denies that petitioner’s
alleged injuries were caused-in-fact by her flu or Tdap vaccinations, and denies that the
vaccine caused any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on June 28, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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 1:15-vv-00728-UNJ Document 41 Filed 08/16/16 Page 2 of 7
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:
A lump sum of $190,000.00, in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-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

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