VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01638
Package ID: USCOURTS-cofc-1_18-vv-01638
Petitioner: Virginia Powell
Filed: 2018-10-24
Decided: 2020-12-09
Vaccine: influenza
Vaccination date: 
Condition: Guillain-Barré Syndrome (GBS)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Virginia Powell originally filed a petition on October 24, 2018, alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of receiving a flu vaccine and experienced residual effects for more than six months. The respondent denied that the flu vaccine caused Ms. Powell's GBS or that she experienced residual effects for more than six months. Ms. Powell died on February 28, 2019, and her son, Michael Powell, was substituted as petitioner as executor of her estate on August 20, 2019. The parties subsequently filed a joint stipulation for damages on November 4, 2020. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded compensation in the amount of $100,000.00, payable as a lump sum to the estate of Virginia Powell. This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not specify the date of vaccination, the time to onset of symptoms, or the specific flu vaccine received. The petition did not allege that Ms. Powell's death was a result of her alleged vaccine injury. Petitioner's counsel was John Robert Howie of Howie Law, PC, and respondent's counsel was Mollie Danielle Gorney of the U.S. Department of Justice.

Theory of causation field:
Petitioner Virginia Powell alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of receiving a flu vaccine and experienced residual effects for more than six months. Respondent denied causation and the duration of residual effects. The parties filed a joint stipulation for damages. The public decision does not specify the vaccine date, the time to onset, the specific vaccine, or provide details on the medical condition, treatment, or expert testimony. Chief Special Master Brian H. Corcoran adopted the joint stipulation, awarding $100,000.00 to the estate of Virginia Powell. The decision date was December 9, 2020. Petitioner's counsel was John Robert Howie, and respondent's counsel was Mollie Danielle Gorney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01638-0
Date issued/filed: 2020-12-09
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 11/05/2020) regarding 57 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01638-UNJ Document 67 Filed 12/09/20 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1638V
UNPUBLISHED
MICHAEL POWELL, As Executor and Chief Special Master Corcoran
Fiduciary of the Estate of VIRGINIA
POWELL, Filed: November 5, 2020
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND Syndrome (GBS)
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 24, 2018, Virginia Powell2 filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that Ms. Powell suffered from Guillain-Barré Syndrome
(“GBS”) as a result of receiving a flu vaccine and suffered the residual effects of this injury
for more than six months.4 Petition at 1, 3; Stipulation, filed at November 4, 2020, ¶¶ 4,
6. “Respondent denies that Ms. Powell sustained a GBS Table Injury within the time
period set forth in the Table; denies that the flu vaccine caused Ms. Powell to suffer GBS,
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 Ms. Powell originally filed the petition on October 24, 2018, through her attorney. After her subsequent
death on February 28, 2019, her son, Michael Powell, was named executor of her estate and was
substituted as petitioner, on behalf of Ms. Powell’s estate on August 20, 2019.
3 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).
4 The petition does not allege that Ms. Powell’s death was a result of her alleged vaccine injury.

Case 1:18-vv-01638-UNJ Document 67 Filed 12/09/20 Page 2 of 8
or any other injury, or her death; and further denies that Ms. Powell experienced the
residual effects of her alleged injury for more than six months.” Stipulation at ¶ 6.
Nevertheless, on November 4, 2020, 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 lump sum of $100,000.00, in the form of a check payable to Petitioner, as
legal representative of the estate of Virginia Powell. Stipulation at ¶ 8. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Id.
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.5
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
5 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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