VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01211 Package ID: USCOURTS-cofc-1_16-vv-01211 Petitioner: Jiangyue Wang Filed: 2019-08-22 Decided: 2020-01-10 Vaccine: influenza Vaccination date: 2015-11-05 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 192000 AI-assisted case summary: Jiangyue Wang filed a petition on August 22, 2019, seeking compensation under the National Vaccine Injury Compensation Program for Guillain-Barré syndrome (GBS) and other alleged injuries. The petitioner received an influenza vaccine on November 5, 2015. The respondent, the Secretary of Health and Human Services, did not contest the petitioner's entitlement to compensation for GBS. However, the respondent denied that the flu vaccine caused the petitioner's alleged inflammatory polyarthropathy or any other injury or current condition. The parties reached a joint stipulation on August 22, 2019, agreeing that the issues could be settled and that a decision should be entered awarding compensation. Special Master Katherine E. Oler reviewed the file and concluded that the stipulation was reasonable, adopting it as the decision. The stipulation awarded Jiangyue Wang a lump sum of $192,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on January 10, 2020. Michael G. McLaren represented the petitioner, and Lara A. Englund represented the respondent. Theory of causation field: Petitioner Jiangyue Wang alleged Guillain-Barré syndrome (GBS) and other injuries following an influenza vaccine administered on November 5, 2015. The respondent did not contest entitlement to compensation for GBS but denied causation for other alleged injuries. The parties stipulated to a settlement. The Special Master adopted the stipulation, awarding $192,000.00 in damages. The public decision does not detail the specific theory of causation for GBS, the mechanism, expert testimony, or clinical details of the alleged injuries or treatments. The decision was issued by Special Master Katherine E. Oler on January 10, 2020. Petitioner counsel was Michael G. McLaren, and respondent counsel was Lara A. Englund. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01211-0 Date issued/filed: 2020-01-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/22/19) regarding 64 DECISION Stipulation. Signed by Special Master Katherine E. Oler. (aa) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1211V (UNPUBLISHED) * * * * * * * * * * * * * * * * * * * * * * * * * * JIANGYUE WANG, * * * Special Master Katherine E. Oler Petitioner, * * Filed: August 22, 2019 v. * * SECRETARY OF HEALTH AND * Decision by Stipulation; Damages; * Influenza; Flu; Guillain-Barré syndrome; HUMAN SERVICES, * GBS * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Michael G. McLaren, Black McLaren Jones Ryland & Griffee, Memphis, TN, for Petitioner. Lara A. Englund, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 27, 2016, Jiangyue Wang (“Petitioner”) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges that she suffered Guillain-Barré syndrome (“GBS”) and other injuries as a result of receiving the influenza vaccine on November 5, 2015. Id. Respondent does not contest Petitioner’s entitlement to compensation for her alleged GBS See Stip. ¶ 6, dated August 22, 2019, ECF No. 63. However, Respondent denies that the flu 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 (2012)). This means the ruling will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa- 10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa. Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 2 of 7 vaccine is the cause of Petitioner’s alleged inflammatory polyarthropathy, or any other injury or her current condition. Id. ¶ 7. Nonetheless both parties, while maintaining their above-stated positions, agreed in a joint stipulation filed August 22, 2019 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: 1. A lump sum of $192,000.00 in the form of a check payable to Petitioner. Stip. ¶ 9. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint notice of decision not to seek review. Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 3 of 7 Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 4 of 7 Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 5 of 7 Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 6 of 7 Case 1:16-vv-01211-UNJ Document 70 Filed 01/10/20 Page 7 of 7