VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01222
Package ID: USCOURTS-cofc-1_18-vv-01222
Petitioner: William O. Ledbetter
Filed: 2021-01-26
Decided: 2021-03-04
Vaccine: influenza
Vaccination date: 2017-09-29
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 277118.84

AI-assisted case summary:
William O. Ledbetter filed a petition for vaccine compensation alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 29, 2017. The case was processed as a Table claim, meaning the injury is presumed to be caused by the vaccine under the National Vaccine Injury Compensation Program. Respondent initially denied that Mr. Ledbetter sustained a GBS Table injury or that the vaccination caused his condition. However, the parties later filed a joint stipulation to settle the case and award compensation. Chief Special Master Corcoran adopted the stipulation, awarding Mr. Ledbetter a lump sum of $276,602.42 for life care expenses, pain and suffering, and unreimbursable expenses. Additionally, an amount sufficient to purchase an annuity contract for future life care expenses was awarded. This settlement resolves all damages claims related to the alleged vaccine injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01222-0
Date issued/filed: 2021-03-04
Pages: 10
Docket text: PUBLIC DECISION (Originally filed: 01/26/2021) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 1 of 10
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1222V
UNPUBLISHED
WILLIAM O. LEDBETTER, Chief Special Master Corcoran
Petitioner, Filed: January 26, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Guillain-Barre
Syndrome (GBS)
Respondent.
Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 15, 2018, William O. Ledbetter 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-Barré Syndrome (“GBS”),
which meets the Table definition for GBS, after receiving the influenza vaccine on
September 29, 2017. Petition at 1, ¶¶ 2, 14, 19(a); Stipulation, filed at Jan. 26, 2021, ¶¶
1-2, 4. Petitioner further alleges he received the vaccine in the United States, that he
suffered the residual effects of his GBS for more than six months, and that neither he nor
any other party has filed a civil action or received compensation for his GBS. Petition at
¶¶ 2, 16-17, 19(b); Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a
GBS Table injury and further denies that the flu vaccination is the cause of [P]etitioner’s
alleged GBS or any other injury or his current condition.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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, I agree that the identified material fits within this definition, I 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 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 2 of 10
Nevertheless, on January 26, 2021, 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 my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A. A lump sum in the amount of $276,602.42, representing compensation in
the amounts of $101,086.00 for life care expenses in the first year after
judgment, $175,000.00 for actual pain and projected pain and suffering,
and $516.42 for actual unreimburseable expenses in the form of a check
payable Petitioner; and
B. An amount sufficient to purchase the annuity contract as described in
paragraph 10 of the Stipulation.
These amounts represent compensation for all damages that would be available under
Section 15(a).
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 3 of 10
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
WILLIAM 0. LEDBETTER, )
)
Petitioner, )
) No. 18-1222V
v. ) Chief Special Master
) Brian H. Corcoran
SECRETARY OF HEAL TH AND HUMAN ) ECF
SERVICES, )
)
Respondent. )
_________________
)
STIPULATION
The parties hereby stipulate to the following matters:
1. William 0. Ledbetter ("petitioner") filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on September 29, 2017.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he experienced the onset of Guillain-Barre syndrome ("OBS")
within the Table time period, that his condition was caused by the flu vaccine, and that he
experienced residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.

Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 4 of 10
6. Respondent denies that petitioner sustained a GBS Table injury and further denies that
the flu vaccination is the cause of petitioner's alleged GBS or any other injury or his current
condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. An amount sufficient to purchase the annuity contract described in paragraph 10
below, paid to the life insurance company from which the annuity will be purchased (the
"Life Insurance Company");1
b. A lump sum of $276,602.42 in the form of a check payable to petitioner, consisting of
first year costs ($101,086.00); past and future pain and suffering ($175,000.00); and past
unreimbursed expenses ($516.42). This amount represents all remaining compensation
for damages that would be available under 42 U.S.C. § 300aa-15(a).
9. The Life Insurance Company must have a minimum of $250,000,000 capital and
surplus, exclusive of any mandatory security valuation reserve. The Life Insurance Company
must have one of the following ratings from two of the following rating organizations:
a. A.M. Best Company: A++, A+, A+g, A+p, A+r, or A+s;
b. Moody's Investor Service Claims Paying Rating: Aa3, Aa2, Aal, or Aaa;
c. Standard and Poor's Corporation Insurer Claims-Paying Ability Rating: AA-,
AA, AA+, or AAA;
1 Notwithstanding references herein to "the Life Insurance Company" or "the annuity contract,"
to satisfy the conditions set forth herein, in respondent's sole and absolute discretion, respondent
may purchase one or more annuity contracts from one or more life insurance companies.
2

Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 5 of 10
d. Fitch Credit Rating Company, Insurance Company Claims Paying Ability Rating~
AA-, AA, AA+, or AAA.
I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract
from the Life Insurance Company for the benefit of petitioner, pursuant to which the Life
Insurance Company will agree to make payments periodically to petitioner for the following life
care items available under 42 U.S.C. §300aa-15(a).
a. For future unreimbursable Medicare Part B Premium, Medicare Supplemental Plan C,
and Medicare Part D Premium expenses, beginning on the first anniversary of the date of
judgment, an annual amount of $2,876.49 to be paid for the remainder of petitioner's life, all
amounts increasing at the rate of five percent (5.0%), compounded annually from the date of
judgment;
b. For future unreimbursable podiatry care expenses beginning on the first anniversary of
the date of judgment, an annual amount of $390.00 to be paid for the remainder of petitioner's
life, all amounts increasing at the rate of four percent (4.0%), compounded annually from the
date of judgment;
c. For future unreimbursable manual wheelchair, cushion, wheelchair maintenance,
adaptive aides, toilet seat, shower spray, shower chair, mattress, lifeline, patient lift and lift slings
expenses beginning on the first anniversary of the date of judgment, an annual amount of
$870.15 to be paid up to the anniversary of the date of judgment in year 2023, then beginning on
the anniversary of the date of judgment in year 2023, an annual amount of $760.15 to be paid for
the remainder of petitioner's life, all amounts increasing at the rate of four percent (4.0%),
compounded annually from the date of judgment;
d. For future unreimbursable non-prescription medication expenses beginning on the first
anniversary of the date of judgment, an annual amount of $623.64 to be paid for the remainder of
petitioner's life, all amounts increasing at the rate of four percent (4.0%), compounded annually
from the date of judgment;
e. For future unreimbursable sanitary gloves and wipes expenses beginning on the first
anniversary of the date of judgment, an annual amount of $645 .02 to be paid for the remainder of
petitioner's life, all amounts increasing at the rate of four percent (4.0%), compounded annually
from the date of judgment;
f. For future unreimbursable home health aide and case management expenses beginning
on the first anniversary of the date of judgment, an annual amount of$38,430.00 to be paid up to
the anniversary of the date of judgment in year 2023, then beginning on the anniversary of the
date of judgment in year 2023, an annual amount of $50,840.00 to be paid for the remainder of
petitioner's life, all amounts increasing at the rate of four percent (4.0%), compounded annually
from the date of judgment;
3

Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 6 of 10
g. For future unreimbursable wheelchair van maintenance expenses beginning on the
first anniversary of the date ofj udgment, an annual amount of $300.00 to be paid for the
remainder of petitioner's life, all amounts increasing at the rate of four percent (4.0%),
compounded annually from the date of judgment;
At the sole discretion of the Secretary of Health and Human Services, the periodic
payments may be provided to petitioner in monthly, quarterly, annual or other installments. The
"annual amounts" set forth above describe only the total yearly sum to be paid to petitioner and
do not require that the payment be made in one annual installment. Petitioner will continue to
receive the annuity payments from the Life Insurance Company only so long as petitioner is
alive at the time that a particular payment is due. Written notice to the Secretary of Health and
Human Services and the Life Insurance Company shall be provided within twenty (20) days of
petitioner's death.
11. The annuity contract will be owned solely and exclusively by the Secretary of Health
and Human Services and will be purchased as soon as practicable following the entry of a
judgment in conformity with this Stipulation. The parties stipulate and agree that the Secretary
of Health and Human Services and the United States of America are not responsible for the
payment of any sums other than the amounts set forth in paragraph 8 herein, and that they do not
guarantee or insure any of the future annuity payments. Upon the purchase of the annuity
contract, the Secretary of Health and Human Services and the United States of America are
released from any and all obligations with respect to future annuity payments.
12. As soon as practicable after the entry of judgment in this case, and after petitioner
has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. §
300aa-2 l (a)(l ), and an application, the parties will submit to further proceedings before the
4

Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 7 of 10
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
13. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
14. Payments made pursuant to paragraph 8 and any amounts awarded pursuai:it to
paragraph 12 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i),
subject to the availability of sufficient statutory funds.
15. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
16. In return for the payments described in paragraphs 8 and 12, petitioner, in his
individual capacity and on behalf of his heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreements, judgments, claims, damages, loss of services, expenses and all
demands of whatever kind or nature) that have been brought, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out
5

Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 8 of 10
of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
petitioner resulting from, or alleged to have resulted from, the flu vaccine that was administered
on September 29, 2017, as alleged by petitioner in a petition for vaccine compensation filed on
or about August 15, 2018, in the United States Court of Federal Claims as petition No. l 8-
l 222V.
17. If petitioner should die prior to entry of the judgment, this agreement shall be
voidable upon proper notice to the Court on behalf of either or both of the parties.
18. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
19. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 12 above. There is absolutely no agreement on the ·part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
20. Petitioner hereby authorizes respondent to disclose documents filed by petitioner in
this case consistent with the Privacy Act and the routine uses described in the National Vaccine
Injury Compensation Program System of Records, No. 09-15-0056.
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Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 9 of 10
21. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged GBS or
any other injury or his current condition.
22. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:18-vv-01222-UNJ Document 54 Filed 03/04/21 Page 10 of 10
Respectfully submitted,
PETITIONER:
..
WA PDJ..c:yn ~.
~
ER
WILLIAM 0. LED BE
AT IORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~\4-...Qe_~
~ s HEATHER L. PEARLMAN
Turning Point Litigation Acting Deputy Director
300 N. Green Street, Suite 2000 Torts Branch
Greensboro, NC 27401 Civil Division
(336) 645-3324 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
'Dll~ ~ WLA-V\MC.A
CA/JTv& ~1 v~Se,1 tf4., ¼~L<lec~
TAMARA OVERBY Lil-lDA S. RE}ll:lI Da'Y"'tl ~-W1S~I),
Acting Director, Division of Injury Senior Trial Counsel A Sliil~'1+ l::>i~?c;t'Zl~
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4ffi ~'.5S 1-
lu
Dated: 01 Ii e:ri I
8