VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00252 Package ID: USCOURTS-cofc-1_17-vv-00252 Petitioner: Jeffrey Wayne Faulk Filed: 2017-02-22 Decided: 2022-05-31 Vaccine: Hepatitis B Vaccination date: 2014-04-24 Condition: Guillain-Barre Syndrome Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Wayne Stephen Faulk, as the legal representative of the Estate of Jeffrey Wayne Faulk, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2017. The petition alleged that Jeffrey Wayne Faulk received a Hepatitis B vaccine on April 24, 2014, and subsequently suffered Guillain-Barre Syndrome (GBS) caused-in-fact by the vaccine. The petition also stated that Mr. Faulk experienced residual effects for more than six months, that no prior award or settlement had been made, and that the vaccine was administered in the United States. Jeffrey Wayne Faulk passed away on March 22, 2017, and the case proceeded as a claim for vaccine-related death. The respondent denied that the Hepatitis B vaccine caused the decedent's alleged GBS or any other injury, and denied that the alleged injury and eventual death were sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on May 3, 2022. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The award consisted of a lump sum of $80,000.00, payable by check to the petitioner as the legal representative of the Estate of Jeffrey Wayne Faulk. This amount was designated as compensation for all items of damages available under § 15(a). The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Milton Clay Ragsdale IV of Ragsdale LLC, and respondent was represented by Nina Ren of the U.S. Department of Justice. The decision was issued on May 31, 2022. Theory of causation field: Petitioner alleged that a Hepatitis B vaccine administered on April 24, 2014, caused Guillain-Barre Syndrome (GBS) in Jeffrey Wayne Faulk, who later died. The respondent denied causation. The case proceeded based on a joint stipulation for damages, which was adopted by Special Master Daniel T. Horner. The award was $80,000.00. The theory of causation was considered "Off-Table." The public decision does not detail the specific medical experts, the proposed mechanism of injury, or the evidence presented to support the causation claim, relying instead on the parties' stipulation. Petitioner was represented by Milton Clay Ragsdale IV, and respondent by Nina Ren. The decision was issued on May 31, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00252-0 Date issued/filed: 2022-05-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/03/2022) regarding 65 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (mly). Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-252V Filed: May 3, 2022 UNPUBLISHED WAYNE STEPHEN FAULK, on behalf of the Estate of JEFFREY WAYNE FAULK, Joint Stipulation on Damages; Hepatitis B vaccine; Guillain-Barre Petitioner, Syndrome (“GBS”) v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Milton Clay Ragsdale IV, Ragsdale LLC, Birmingham, AL, for petitioner. Nina Ren , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 22, 2017, 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”). After his passing on March 22, 2017, Wayne Stephen Faulk, as legal representative of the Estate of Jeffrey Wayne Faulk, was substituted as petitioner. (ECF Nos. 13, 14.) Petitioner alleges that Mr. Jeffrey Wayne Faulk suffered Guillain- Barre Syndrome (“GBS”) caused-in-fact by his Hep B vaccine administered on April 24, 2014. Petition at 1; Stipulation, filed May 3, 2022, at ¶ 4. Petitioner further alleges that he experienced the residual effects of his condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of his condition, and that his vaccine was administered in the United States. Petition at 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that the Hep B vaccine caused the 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 2 of 7 decedent’s alleged GBS or any other injury, and denies that the decedent’s alleged injury and eventual death are sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on May 3, 2022, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $80,000.00 in the form of a check payable to petitioner, as legal representative of the Estate of Jeffrey Wayne Faulk. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under § 15(a). Id. 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/Daniel T. Horner Daniel T. Horner 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 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 3 of 7 Case 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 4 of 7 Case 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 5 of 7 Case 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 6 of 7 Case 1:17-vv-00252-UNJ Document 69 Filed 05/31/22 Page 7 of 7