VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00066 Package ID: USCOURTS-cofc-1_19-vv-00066 Petitioner: Wendy G. Strickland Filed: 2019-01-15 Decided: 2020-12-02 Vaccine: influenza Vaccination date: 2017-10-13 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 492692.42 AI-assisted case summary: Heather Geldbach, as Personal Representative of the Estate of Wendy G. Strickland, filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms. Strickland allegedly suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 13, 2017. The petition also alleged that Ms. Strickland's death was directly and proximately caused by the flu vaccination. The respondent conceded that Ms. Strickland's condition met the Table criteria for a flu/GBS Table injury and that her condition persisted for at least six months, was a substantial factor in causing her death, and that there was no preponderant evidence of an alternative cause. The court issued a ruling on entitlement on February 14, 2020, finding Petitioner entitled to compensation. Subsequently, on October 27, 2020, the respondent filed a proffer on award of compensation, which the petitioner agreed to. The court awarded a total of $492,692.42, which included a statutory death benefit of $250,000.00, past pain and suffering of $200,000.00, past unreimbursed out-of-pocket medical expenses of $3,024.75, an additional past medical expense of $39,677.65 owed to PruittHealth-Neuse, and $8,530.07 to satisfy a lien from the State of North Carolina's Medicaid program. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00066-0 Date issued/filed: 2020-03-24 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/14/2020) regarding 25 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00066-UNJ Document 29 Filed 03/24/20 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-66V UNPUBLISHED HEATHER GELDBACH, Chief Special Master Corcoran Personal Representative of the ESTATE OF WENDY G. Filed: February 14, 2020 STRICKLAND, Special Processing Unit (SPU); Petitioner, Ruling on Entitlement; Concession; v. Table Injury; Influenza (Flu) Vaccine; Guillain-Barre Syndrome (GBS) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 On January 15, 2019, Heather Geldbach (“Petitioner”) filed a petition for compensation on behalf of decedent Wendy G. Strickland under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that Ms. Strickland suffered Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 13, 2017. Petition at 1. Petitioner further alleges that Ms. Strickland’s death was directly and proximately 1 Because this unpublished ruling 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 ruling 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 1:19-vv-00066-UNJ Document 29 Filed 03/24/20 Page 2 of 2 caused by the flu vaccination. Id. at 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 13, 2020, 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 concludes that “petitioner has shown that Ms. Strickland’s symptoms and clinical course have satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation for a flu/GBS Table injury.” Id. at 4. Respondent further agrees that “Ms. Strickland’s condition persisted for at least six months and was also a substantial factor in causing her death, and there is no preponderant evidence of an alternative cause that explains her condition.” Id. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_19-vv-00066-1 Date issued/filed: 2020-12-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/29/2020) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-66V UNPUBLISHED HEATHER GELDBACH, Chief Special Master Corcoran Personal Representative of the ESTATE OF WENDY G. Filed: October 29, 2020 STRICKLAND, 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. Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 On January 15, 2019, 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 Ms. Strickland suffered Guillain-Barre Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered on October 13, 2017. Petition at 1. Petitioner further alleges that Ms. Strickland’s death was directly and proximately caused by the flu vaccination. Id. at 5. The case was assigned to the Special Processing Unit of the Office of Special Masters. 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 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 2 of 7 On February 14, 2020, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On October 27, 2020, Respondent filed a proffer on award of compensation (“Proffer”). In the Proffer, Respondent represented that Petitioner agrees with the proffered award. Proffer at 2. Based on the record as a whole, I find that Petitioner is entitled to an award as stated in the Proffer. Pursuant to the terms stated in the attached Proffer, I award Petitioner: A. A lump sum payment of $453,024.75 representing the statutory death benefit ($250,000.00), past pain and suffering ($200,000.00), and past unreimbursed out-of-pocket medical expenses ($3,024.75), in the form of a check payable to Petitioner. B. A lump sum payment of $39,677.65, representing compensation for satisfaction of an unpaid and unreimbursed past out-of-pocket medical expense, in the form of a check payable to Petitioner and PruittHealth-Neuse, and mailed to: Weltman, Weinberg, and Ries Co., LPA Claim #04387391 965 Keynote Circle Brooklyn Heights, OH 44131 Petitioner agrees to endorse this payment to PruittHealth-Neuse. C. A lump sum payment of $8,530.07, in the form of a check payable jointly to Petitioner and Division of Health Benefits and mailed to: Division of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 ID #: 953021281K Petitioner agrees to endorse this payment to Division of Health Benefits. The clerk of the court is directed to enter judgment in accordance with this decision.3 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 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 3 of 7 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Case 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 4 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ************************************* HEATHER GELDBACH, personal * representative of the estate of WENDY * G. STRICKLAND, * * Petitioner, * No. 19-66V * Chief Special Master Corcoran v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. * ************************************* RESPONDENT’S PROFFER ON AWARD OF COMPENSATION On February 13, 2020, respondent filed a Rule 4(c) Report, conceding that petitioner’s claim meets the Table criteria for a Guillain-Barré Syndrome (“GBS”) injury after an influenza vaccine administered to Wendy G. Strickland, deceased, on October 13, 2017. The next day, on February 14, 2020, the Court issued a Ruling on Entitlement finding petitioner entitled to compensation under the Vaccine Act. I. Items of Compensation Based upon the evidence of record, respondent proffers that petitioner, as the administrator of the Estate of Wendy G. Strickland, be awarded the following amounts of compensation: A. A payment of $250,000.00, which represents compensation the statutory death benefit, see 42 U.S.C. § 300aa-15(a)(2); B. A payment of $200,000.00, which represents compensation for past pain and suffering, see 42 U.S.C. § 300aa-15(a)(4); C. A payment of $3,024.75, which represents compensation for past out-of-pocket unreimbursed medical expenses, see 42 U.S.C. § 300aa-15(a)(1); Case 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 5 of 7 D. A payment of $39,677.07, which represents compensation for an unpaid and unreimbursed past out-of-pocket medical expense currently owed to PruittHealth- Neuse, see 42 U.S.C. § 300aa-15(a)(1); and E. A payment of $8,530.07, which represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of North Carolina may have against any individual as a result of any Medicaid payments the North Carolina Program has made to or on behalf of Wendy G. Strickland from the date of her eligibility for benefits through the date of her death as a result of her vaccine-related injury suffered on or about October 13, 2017, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15 (g-h). These amounts represent all elements of compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. II. Form of the Award The vaccine-injured person in this case, Wendy G. Strickland, is deceased. Petitioner, Heather Geldbach, provided respondent with Letters of Administration from the State of North Carolina that document her appointment as the administrator of the Estate of Wendy G. Strickland. All payments to petitioner should be issued to her as the administrator of Wendy G. Strickland’s Estate. If petitioner is not authorized by a court of competent jurisdiction to serve as administrator of the Estate of Wendy G. Strickland at the time payment is to be made, any such payment shall be made to the party or parties appointed by a court of competent jurisdiction to serve as administrator of Wendy G. Strickland’s estate, upon submission of written document of such appointment to the Secretary Respondent recommends the Chief Special Master’s decision and the Court’s judgment award the following: A. A lump sum payment of $453,024.75 representing the statutory death benefit ($250,000.00), past pain and suffering ($200,000.00), and past unreimbursed out-of- pocket medical expenses ($3,024.75), in the form of a check payable to petitioner. 2 Case 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 6 of 7 B. A lump sum payment of $39,677.65, representing compensation for satisfaction of an unpaid and unreimbursed past out-of-pocket medical expense, in the form of a check payable to petitioner and PruittHealth-Neuse, and mailed to: Weltman, Weinberg, and Ries Co., LPA Claim #04387391 965 Keynote Circle Brooklyn Heights, OH 44131 Petitioner agrees to endorse this payment to PruittHealth-Neuse. C. A lump sum payment of $8,530.07,in the form of a check payable jointly to petitioner and Division of Health Benefits and mailed to: Division of Health Benefits Office of the Controller 2022 Mail Service Center Raleigh, NC 27699-2022 ID #: 953021281K Petitioner agrees to endorse this payment to Division of Health Benefits. Respectfully submitted, JEFFREY BOSSERT CLARK Acting Assistant Attorney General C. SALVATORE D’ALESSIO Acting Director Torts Branch, Civil Division CATHARINE E. REEVES Deputy Director Torts Branch, Civil Division DARRYL R. WISHARD Assistant Director Torts Branch, Civil Division 3 Case 1:19-vv-00066-UNJ Document 42 Filed 12/02/20 Page 7 of 7 /s/ DEBRA A. FILTEAU BEGLEY DEBRA A. FILTEAU BEGLEY Senior Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 616-4181 Dated: October 27, 2020 4