VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01775
Package ID: USCOURTS-cofc-1_18-vv-01775
Petitioner: Wilber Walker
Filed: 2018-11-16
Decided: 2022-04-07
Vaccine: influenza
Vaccination date: 2016-10-19
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 135965

AI-assisted case summary:
On November 16, 2018, Wilber Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS), a Table injury, as a result of an influenza vaccine he received on October 19, 2016. The petition stated that the vaccine was administered in the United States, that Mr. Walker suffered residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action on his behalf. Respondent denied that the flu vaccine caused Mr. Walker's GBS or his death. Following Mr. Walker's death, Darlene Walker, as the personal representative of his estate, was substituted as the petitioner. The parties subsequently filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The stipulation noted that Mr. Walker did not allege his death was a result of the vaccine or a vaccine-related injury. The court directed judgment in accordance with the stipulation, awarding $135,965.25 to the estate of Wilber Walker for all damages. This amount was to be paid as a lump sum check to Petitioner, as legal representative of the Estate of Wilber Walker. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs. The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages, and it was not to be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused Mr. Walker's alleged GBS, CIDP, or death, or any other injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.

Theory of causation field:
Petitioner alleged that Wilber Walker suffered Guillain-Barre Syndrome (GBS), a Table injury, as a result of his October 19, 2016 influenza vaccination. Respondent denied that the vaccine caused the GBS or Mr. Walker's death. The parties filed a joint stipulation agreeing to settle the case. The stipulation was adopted by Chief Special Master Brian H. Corcoran, who awarded $135,965.25 to the estate of Wilber Walker for all damages. The stipulation noted that Mr. Walker did not allege his death was a result of the vaccine or a vaccine-related injury, and respondent denied that the vaccine caused his death. The public decision does not describe the specific mechanism of causation, expert testimony, or detailed clinical findings. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01775-0
Date issued/filed: 2022-04-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/02/2022) regarding 72 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01775-UNJ Document 76 Filed 04/07/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1775V
UNPUBLISHED
DARLENE WALKER, personal Chief Special Master Corcoran
representative of the ESTATE OF
WILBER WALKER, Filed: March 2, 2022
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Guillain-Barre
SECRETARY OF HEALTH AND Syndrome (GBS)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On November 16, 2018, Wilber Walker filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”).3 The Petition alleged that Mr. Walker suffered a Table injury – Guillain-
Barre Syndrome (GBS) – as a result of his October 19, 2016 influneza (“flu”) vaccination.
Petition at 1-2; Stipulation, filed at March 1, 2022, ¶¶ 1-2, 4. Petitioner further alleges the
vaccine was administered within the United States, that Mr. Walker suffered the residual
effects of his injury for more than six months, and that there has been no prior award or
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
3 Darlene Walker, as Personal Representative of the Estate of Wilber Walker, was substituted as
Petitioner following Mr. Walker’s death. ECF No. 51

Case 1:18-vv-01775-UNJ Document 76 Filed 04/07/22 Page 2 of 7
settlement of a civil action on Mr. Walker’s behalf as a result of his injury. Stipulation at
¶¶ 3-5; see Petition at ¶¶ 31-33. Respondent “denies that the flu vaccine caused [Mr.
Walker] to suffer from GBS, CIDP, or any other injury, and further denies that the flu
vaccine caused his death ” Stipulation at ¶ 6.
Nevertheless, on March 1, 2022, 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 $135,965.25 in the form of a check payable to Petitioner, as
legal representative of the Estate of Wilber Walker. Stipulation at ¶ 8. This
amount represents compensation for all items of 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 Court is directed to
enter judgment in accordance with this decision.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
4 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-01775-UNJ Document 76 Filed 04/07/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DARLENE WALKER, as personal
representative of the estate of WILBER
WALKER, No. 18-1775V
Chief Special Master Corcoran
Petitioner, ECF
V.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. Wilber Walker ("Mr. Walker") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine
Program"). Upon Mr. Walker's death, Darlene Walker ("petitioner"), as personal representative
of the Estate of Wilber Walker, was substituted as petitioner. The petition seeks compensation for
injuries allegedly related to Mr. Walker's receipt of the influenza ("flu") vaccine, which vaccine
is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Mr. Walker received a flu vaccine on or about October 19, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that Mr. Walker suffered Guillain-Barre Syndrome ("GBS") as a
consequence of the flu immunization he received on or about October 19, 2016, and further alleges
that he suffered the residual effects of this injury for more than six months. Petitioner does not
allege that Mr. Walker's death was a result of the flu vaccine or a vaccine-related injury.
Page 1 of 5

Case 1:18-vv-01775-UNJ Document 76 Filed 04/07/22 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on Mr. Walker's behalf as a result of his alleged injuries.
6. Respondent denies that the flu vaccine caused petitioner to suffer from GBS, CIDP, or
any other injury, and further denies that the flu vaccine caused his death.
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-21(a)(l), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $135,965.25, in the form of a check payable to petitioner, as legal
representative of the Estate of Wilber Walker, representing compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C.
§ 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the
special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her 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-15(g), including State compensation programs, insurance policies, Federal or State
health benefits programs (o ther than Title XIX of the Social Security Act (4 2 U.S.C. § 1396 et
seq.)), or entities that provide health services on a prepaid basis.
Page 2 of 5

Case 1:18-vv-01775-UNJ Document 76 Filed 04/07/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. Petitioner represents that she presently is duly authorized to serve as Personal
Representative of the Estate of Wilber Walker, under the laws of the State of Missouri. No
payments pursuant to this Stipulation shall be made until petitioner provides the Secretary with
documentation establishing her appointment as Personal Representative of the Estate of Wilber
Walker. If petitioner is not authorized by a court of competent jurisdiction to serve as Personal
Representative of the Estate of Wilber Walker at the time a payment pursuant to this Stipulation
is to be made, any such payment shall be paid to the party or parties appointed by a court of
competent jurisdiction to serve as legal representative of the Estate of Wilber Walker, upon
submission of written documentation of such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual
capacity, and as personal representative of the Estate of Wilber Walker, on her own behalf, and on
behalf of the Estate, and Mr. Walker's heirs, executors, administrators, successors, and 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
United States 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 of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of Mr. Walker resulting from, or
alleged to have resulted from, the flu vaccination administered on or about October 19, 2016, as
Page 3 of 5

Case 1:18-vv-01775-UNJ Document 76 Filed 04/07/22 Page 6 of 7
alleged by petitioner in a petition for vaccine compensation filed on or about November 16, 2018
in the United States Court of Federal Claims as petition No. 18-1775V.
14. If the special master fails to issue a decision in complete conformity with the terms of
this Stipulation or if the United States 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.
15. 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 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or 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 items of compensation sought,
is not grounds to modify or revise this agreement.
16. 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 Mr. Walker's alleged OBS,
CIDP or death, or any other injury.
17. All rights and obligations of petitioner in her capacity as personal representative of the
Estate of Wilber Walker hereunder shall apply equally to petitioner's heirs, executors,
administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of 5

Case 1:18-vv-01775-UNJ Document 76 Filed 04/07/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
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DARLENE WALKER
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
RONALD . HOMER, ESQ. HEATHER L. PEARLMAN
Conway Homer, P.C. Deputy Director
16 Shawmut Street Torts Branch
Boston, MA 02116 Civil Division
Tel: (617) 695-1990 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
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Dille P. Mtsnler, DH-Sc, MS, APR.N, for L-P
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CDR GEORGE REED GRIMES, MD, MPH MALLORI B. OPENCHOWSKI
Director, Division oflnjury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, D.C. 20044-0146
and Human Services Tel: (202) 305-0660
5600 Fishers Lane, 08N146B ma IJ ori. b.openchowsk irZi!usdoj .gov
Rockville, MD 20857
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Dated: b3
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