VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00871 Package ID: USCOURTS-cofc-1_17-vv-00871 Petitioner: Katie Wiggins Filed: 2018-03-29 Decided: 2018-09-05 Vaccine: influenza Vaccination date: 2016-09-18 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 200000 AI-assisted case summary: Katie Wiggins filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2017, alleging that she suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine she received on September 18, 2016. She further alleged that she suffered residual effects for more than six months and that neither she nor any other party had received an award or settlement for her GBS. The case was assigned to the Special Processing Unit. On March 27, 2018, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation. The respondent concluded that petitioner suffered GBS following a flu vaccine within the Table time period and that there was no preponderance of medical evidence indicating the GBS was due to an unrelated cause. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 29, 2018, finding petitioner entitled to compensation. Subsequently, on May 10, 2018, the respondent filed a Proffer on Award of Compensation, recommending an award of $200,000.00 for pain and suffering, which petitioner accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on September 5, 2018, awarding petitioner a lump sum payment of $200,000.00 for pain and suffering, payable to Katie Wiggins. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Christine Mary Becer 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 Katie Wiggins alleged that she suffered Guillain-Barré Syndrome (GBS) caused in fact by an influenza vaccine received on September 18, 2016. The respondent conceded entitlement, concluding that petitioner suffered GBS following a flu vaccine within the Table time period and that there was no preponderance of evidence that the GBS was due to an unrelated cause. The public text does not describe specific medical experts, the mechanism of causation, or details of the GBS onset or progression. Petitioner was awarded $200,000.00 for pain and suffering as a lump sum payment. Chief Special Master Nora Beth Dorsey issued the Ruling on Entitlement on March 29, 2018, and the Decision Awarding Damages on September 5, 2018. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00871-0 Date issued/filed: 2018-06-25 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 3/29/2018) regarding 25 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00871-UNJ Document 34 Filed 06/25/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-871V Filed: March 29, 2018 UNPUBLISHED KATIE WIGGINS, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Guillain-Barre Syndrome (GBS) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Dorsey, Chief Special Master: On June 26, 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 suffered the Guillain-Barré Syndrome (“GBS”) caused in fact by the influenza vaccine she received on September 18, 2016. Petition at 1, ¶¶ 1, 14. Petitioner further alleges that she suffered the residual effects of her GBS for more than six months and that neither she nor any other party has received an award or settlement for her GBS, alleged as vaccine caused. Id. at ¶¶ 14-15. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 Because this unpublished ruling 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 1:17-vv-00871-UNJ Document 34 Filed 06/25/18 Page 2 of 2 On March 27, 2018, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent “[has] concluded that petitioner suffered GBS following a flu vaccine within the Table time period, and there is not a preponderance of the medical evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 3-4. Respondent further agrees that “petitioner has satisfied all legal prerequisites for compensation under the Act.” Id. at 4. In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation. IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_17-vv-00871-1 Date issued/filed: 2018-09-05 Pages: 4 Docket text: PUBLIC DECISION (Originally filed: 05/10/2018) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00871-UNJ Document 35 Filed 09/05/18 Page 1 of 4 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0871V Filed: May 10, 2018 UNPUBLISHED KATIE WIGGINS, Special Processing Unit (SPU); Petitioner, Damages Decision Based on Proffer; v. Influenza (Flu) Vaccine; Guillain- Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On June 26, 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 suffered the Guillain-Barré Syndrome (“GBS”) caused in fact by the influenza vaccine she received on September 18, 2016. Petition at 1, ¶¶ 1, 14. The case was assigned to the Special Processing Unit of the Office of Special Masters. On March 29, 2018, a ruling on entitlement was issued, finding petitioner entitled to compensation for GBS. On May 10, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded $200,000.00 for pain and suffering. Proffer at 1. In the Proffer, respondent represented that petitioner 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 1:17-vv-00871-UNJ Document 35 Filed 09/05/18 Page 2 of 4 agrees with the proffered award. Based on the record as a whole, the undersigned finds that petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, the undersigned awards petitioner a lump sum payment of $200,000.00 for pain and suffering in the form of a check payable to petitioner, Katie Wiggins. This amount represents compensation for all damages that would be available under § 15(a). 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 Case 1:17-vv-00871-UNJ Document 35 Filed 09/05/18 Page 3 of 4 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ____________________________________ ) KATIE WIGGINS, ) ) Petitioner, ) ) No. 17-871V v. ) Chief Special Master Dorsey ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) ____________________________________) RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On March 27, 2018, respondent filed a Vaccine Rule 4(c) report concluding that petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on March 29, 2018, the Chief Special Master issued a Ruling on Entitlement. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner should be awarded $200,000.00 for pain and suffering which represents all compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees. II. Form of the Award The parties recommend that the compensation provided to petitioner should be made through a lump sum payment of $200,000.00 in the form of a check payable to petitioner. Petitioner agrees. 1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future lost earnings, and future pain and suffering. Case 1:17-vv-00871-UNJ Document 35 Filed 09/05/18 Page 4 of 4 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division GABRIELLE M. FIELDING Assistant Director Torts Branch, Civil Division s/Christine Mary Becer CHRISTINE MARY BECER Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 616-3665 Date: May 10, 2018 2