VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00407
Package ID: USCOURTS-cofc-1_17-vv-00407
Petitioner: Ronald Wagner
Filed: 2017-03-22
Decided: 2019-03-13
Vaccine: influenza
Vaccination date: 2015-11-23
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Ronald Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program on March 22, 2017. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on November 23, 2015, and that he experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused petitioner's alleged GBS or any other injury. On January 23, 2019, 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. Ronald Wagner was awarded a lump sum of $70,000.00, representing compensation for all items of damages available under the program. The decision directed the clerk of the court to enter judgment in accordance with the stipulation. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Ronald Wagner alleged that an influenza vaccine received on November 23, 2015, caused Guillain-Barre Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific theory of causation, expert testimony, or the mechanism linking the vaccine to GBS. The award was a lump sum of $70,000.00. The public decision does not provide further details on the theory of causation, experts, or specific medical evidence.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00407-0
Date issued/filed: 2019-03-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/05/2019) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00407-UNJ Document 50 Filed 03/13/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-407V
Filed: February 5, 2019
UNPUBLISHED
RONALD WAGNER,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND
Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 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”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine he received on November 23, 2015, and that he
experienced residual effects of this injury for more than six months. Petition at 1, 4;
Stipulation, filed January 23, 2019, at ¶¶ 1-2, 4. “Respondent denies that the flu
immunization is the cause of petitioner's alleged GBS and/or any other injury.”
Stipulation at ¶ 6.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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, upon review, the
undersigned agrees that the identified material fits within this definition, the undersigned will redact such
material from public access. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00407-UNJ Document 50 Filed 03/13/19 Page 2 of 7
Nevertheless, on January 23, 2019, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts 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, the undersigned
awards the following compensation:
A lump sum of $70,000.00 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 § 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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