Katherine D. Wham v. HHS - Influenza, Guillain-Barre Syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
Katherine D. Wham filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2019, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 5, 2018.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 11, 2020, conceding that Ms. Wham was entitled to compensation.
The respondent stated that Ms. Wham satisfied the criteria set forth in the Vaccine Injury Table and its accompanying interpretations, and recommended entitlement.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 18, 2020, finding Ms.
Wham entitled to compensation. Subsequently, on February 25, 2021, the respondent filed a proffer on the award of compensation.
The respondent proposed an award of $114,534.76, which included $97,500.00 for pain and suffering, $6,451.45 for lost wages, and $10,583.31 for out-of-pocket medical and related expenses. The petitioner agreed with this proffered award.
On March 30, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Wham a lump sum of $114,534.76, representing compensation for all damages available under the Vaccine Act.
Petitioner counsel was Patrick J. Sullivan of Sullivan Law Firm, LLC.
Respondent counsel was Dhairya Divyakant Jani in the entitlement ruling and Adriana Ruth Teitel in the damages decision.
Theory of causation
Petitioner Katherine D. Wham alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 5, 2018. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table and its accompanying interpretations. The public text does not describe the specific mechanism of causation, expert testimony, or detailed clinical information regarding the onset or progression of Ms. Wham's GBS. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 18, 2020, and a decision awarding damages on March 30, 2021. The award was a lump sum of $114,534.76, comprising $97,500.00 for pain and suffering, $6,451.45 for lost wages, and $10,583.31 for out-of-pocket medical and related expenses. Petitioner counsel was Patrick J. Sullivan, and respondent counsel was Dhairya Divyakant Jani for the entitlement ruling and Adriana Ruth Teitel for the damages decision.
Source PDFs
USCOURTS-cofc-1_19-vv-01431