VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00530
Package ID: USCOURTS-cofc-1_18-vv-00530
Petitioner: Allison Weathington
Filed: 2018-04-11
Decided: 2020-09-23
Vaccine: influenza
Vaccination date: 2015-10-14
Condition: Stevens Johnson Syndrome, fibromyalgia, insomnia, and fatigue
Outcome: compensated
Award amount USD: 160000

AI-assisted case summary:
Allison Weathington filed a petition on April 11, 2018, alleging that an influenza vaccine administered on October 14, 2015, caused her to suffer from Stevens Johnson Syndrome, fibromyalgia, insomnia, and fatigue. The respondent, the Secretary of Health and Human Services, denied that Ms. Weathington sustained the alleged injuries or that the vaccine caused or significantly aggravated her conditions. Despite the denial of causation, the parties reached a stipulation recommending compensation for Ms. Weathington. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum award of $160,000.00, payable to Ms. Weathington, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to waive their right to seek review, allowing for expedited judgment. Petitioner was represented by Keith Douglas Bodoh of Robertson, Bodoh & Nasrallah, LLP, and respondent was represented by Darryl R. Wishard of the US Department of Justice.

Theory of causation field:
Petitioner Allison Weathington alleged that an influenza vaccine administered on October 14, 2015, caused Stevens Johnson Syndrome, fibromyalgia, insomnia, and fatigue. The respondent denied causation. The parties reached a stipulation for compensation, and the Special Master adopted it. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, clinical details, or the mechanism of injury. The award was a lump sum of $160,000.00. Special Master Nora Beth Dorsey issued the decision on September 23, 2020, based on the stipulation. Petitioner's counsel was Keith Douglas Bodoh, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00530-0
Date issued/filed: 2020-10-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/23/2020) regarding 76 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:18-vv-00530-UNJ Document 82 Filed 10/19/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 23, 2020
* * * * * * * * * * * * * * * * * * *
ALLISON WEATHINGTON, * UNPUBLISHED
*
Petitioner, * No. 18-530V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Stevens
* Johnson Syndrome (“SJS”);
Respondent. * Fibromyalgia; Insomnia; Fatigue.
*
* * * * * * * * * * * * * * * * * * *
Keith Douglas Bodoh, Robertson, Bodoh & Nasrallah, LLP, Marietta, GA, for petitioner.
Darryl R. Wishard, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On April 11, 2018, Allison Weathington (“petitioner”) filed a petition in the National
Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”)
vaccine administered to her on October 14, 2015, petitioner suffered from Stevens Johnson
Syndrome (“SJS”), fibromyalgia, insomnia, and fatigue. Petition at 1, 4 (ECF No. 1).
On September 23, 2020, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 75). Respondent denies that petitioner
sustained the alleged injuries, denies the vaccine caused or significantly aggravated petitioner’s
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
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. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:18-vv-00530-UNJ Document 82 Filed 10/19/20 Page 2 of 7
alleged injuries 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 as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $160,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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