VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01298
Package ID: USCOURTS-cofc-1_16-vv-01298
Petitioner: Earl Wayne Harner
Filed: 2016-10-07
Decided: 2018-06-28
Vaccine: influenza
Vaccination date: 2015-09-28
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 225000

AI-assisted case summary:
Stacy Ragsdale, as Personal Representative of the Estate of Earl Wayne Harner, filed a petition on October 7, 2016, alleging that the influenza vaccine Mr. Harner received on September 28, 2015, caused him to suffer Guillain-Barré syndrome (GBS). Petitioner further alleged that Mr. Harner's death on May 12, 2016, was a sequela of the vaccine-related injury. The respondent denied that the vaccine caused or aggravated the injury. Nevertheless, the parties filed a joint stipulation agreeing to compensation. The court adopted the stipulation, awarding a lump sum payment of $225,000.00 to the Estate of Earl Wayne Harner for all damages available under the program. The decision was issued on June 28, 2018. The public decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Thomas E. Schwartz of Holloran Schwartz & Gaertner LLP, and respondent counsel was Meredith B. Healy of the United States Department of Justice. Special Master Christian J. Moran issued the decision.

Theory of causation field:
Petitioner alleged that the influenza vaccine received on September 28, 2015, caused Earl Wayne Harner to suffer Guillain-Barré syndrome (GBS), and that his death on May 12, 2016, was a sequela of this vaccine-related injury. The respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Christian J. Moran adopted. The stipulation was based on the theory that the injury was covered under the Vaccine Injury Table. The award was a lump sum of $225,000.00, payable to the Estate of Earl Wayne Harner. Petitioner counsel was Thomas E. Schwartz, and respondent counsel was Meredith B. Healy. The decision was issued on June 28, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01298-0
Date issued/filed: 2018-06-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/25/18) regarding 39 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (MRG) Service on parties made.
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Case 1:16-vv-01298-UNJ Document 41 Filed 06/28/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
STACY RAGSDALE, as Personal *
Representative of the Estate of *
EARL WAYNE HARNER, Deceased, *
* No. 16-1298V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: May 25, 2018
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré syndrome (“GBS”).
*
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
Thomas E. Schwartz, Holloran Schwartz & Gaertner LLP, for Petitioner;
Meredith B. Healy, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On May 21, 2018, the parties filed a joint stipulation concerning the petition for
compensation filed by Stacy Ragsdale, as personal representative of Earl Wayne
Harner’s Estate. Petitioner filed the petition on October 7, 2016, alleging that the
influenza (“flu”) vaccine Mr. Harner received on September 28, 2015, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him
to suffer Guillain-Barré syndrome. Petitioner further alleges that his death, on May
12, 2016, was a sequela of the vaccine-related injury. Petitioner represents that there
has been no prior award or settlement of a civil action for damages on Mr. Harner’s
behalf as a result of his condition or death.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:16-vv-01298-UNJ Document 41 Filed 06/28/18 Page 2 of 7
Respondent denies that the vaccines either caused or significantly aggravated
petitioner’s alleged injury or any other injury, and denies that petitioner's current
disabilities are the result of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $225,000.00 in the form of a check payable to
petitioner as legal representative of the Estate of Earl Wayne Harner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 16-1298V according to this decision and the
attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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