VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01273
Package ID: USCOURTS-cofc-1_19-vv-01273
Petitioner: Julie Wiltse
Filed: 2019-08-26
Decided: 2021-09-02
Vaccine: Tdap
Vaccination date: 2017-05-09
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 75256

AI-assisted case summary:
Julie Wiltse filed a petition on August 26, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Guillain-Barré syndrome (GBS) as a result of receiving a pneumococcal conjugate vaccine and a Tetanus-diphtheria-acellular pertussis (Tdap) vaccine on May 9, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Ms. Wiltse's GBS or any other injury. Despite maintaining their positions, both parties agreed to settle the case. The court reviewed the file and found the stipulation to be reasonable, adopting it as its decision. The stipulation awarded Ms. Wiltse a lump sum of $75,000.00 for pain and suffering and an additional $256.16 to reimburse a Medicaid lien. This award represents compensation for all damages available under the program. The court approved the award and directed that judgment be entered.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01273-0
Date issued/filed: 2021-09-02
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 7/7/2021) regarding 28 DECISION: Stipulation. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made.
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Case 1:19-vv-01273-UNJ Document 32 Filed 09/02/21 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1273V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
JULIE WILTSE,
*
* Filed: July 7, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Tetanus-diphtheria-acellular pertussis
SECRETARY OF HEALTH AND * (“Tdap”); Guillain-Barré syndrome
HUMAN SERVICES, * (“GBS”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Bridget C. McCullough, Muller Brazil LLP, Dresher, PA., for Petitioner
Mary E. Holmes, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On August 26, 2019, Julie Wiltse (“Petitioner”) filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges that she suffers from Guillain-Barré syndrome (“GBS”) as a result of the
pneumococcal conjugate and the Tetanus-diphtheria-acellular pertussis (“Tdap”) vaccinations she
received on May 9, 2017. See Stipulation ¶ 2, 4, dated July 6, 2021 (ECF No. 46); see also Petition.
Respondent denies “that the pneumococcal conjugate and/or Tdap vaccines caused
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:19-vv-01273-UNJ Document 32 Filed 09/02/21 Page 2 of 8
[P]etitioner to develop GBS, any other injury, and/or her current condition.” See Stipulation ¶ 6.
Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation
dated July 6, 2021 that the issues before them can be settled and that a decision should be entered
awarding Petitioner compensation. ECF No. 27.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a. A lump sum of $75,000.00 in the form of a check payable to Petitioner; and.
b. A lump sum of $256.16, representing reimbursement of a Medicaid lien for services
rendered to Petitioner by the State of Ohio, in the form of a check payable jointly to
Petitioner and the Treasurer, State of Ohio, and mailed to:
Ohio Tort Recovery Unit
350 Worthington Road, Suite G
Westerville, Ohio 43082
Case # 1187432
Petitioner agrees to endorse this check to the Treasurer, State of Ohio.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amounts set forth above to be made
to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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