VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01431
Package ID: USCOURTS-cofc-1_19-vv-01431
Petitioner: Katherine D. Wham
Filed: 2019-09-18
Decided: 2021-03-30
Vaccine: influenza
Vaccination date: 2018-11-05
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 114534

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01431-0
Date issued/filed: 2020-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/18/2020) regarding 20 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01431-UNJ Document 25 Filed 10/20/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1431V
UNPUBLISHED
KATHERINE D. WHAM, Chief Special Master Corcoran
Petitioner, Filed: September 18, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Patrick J. Sullivan, Sullivan Law Firm, LLC, Seattle, WA, for petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On September 18, 2019, Katherine Wham 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 she suffered Guillain-Barre Syndrome as a result
of an influenza vaccine administered on November 5, 2018. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On September 11, 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 stated it is his position that Petitioner has satisfied
the criteria sets forth in the Vaccine Injury Table and the Qualifications and Aids to
Interpretation. Id. at 5. Respondent further recommends entitlement in this case. Id. at 1.
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-01431-UNJ Document 25 Filed 10/20/20 Page 2 of 2
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

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-01431-1
Date issued/filed: 2021-03-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/26/2021) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01431-UNJ Document 34 Filed 03/30/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1431V
UNPUBLISHED
KATHERINE D. WHAM, Chief Special Master Corcoran
Petitioner, Filed: February 26, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Patrick J. Sullivan, Sullivan Law Firm, LLC, Seattle, WA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On September 18, 2019, Katherine D. Wham 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 she suffered from Guillain-Barre Syndrome
(“GBS”) as a result of an influenza vaccine administered on November 5, 2018. Petition
at 1, 3. Petitioner further alleges that the vaccine was administered within the United
States, that her injury lasted for more than six months, that Petitioner has not received
compensation for her vaccine-related injury. Petition at 1, 3. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On September 18, 2020, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On February 25, 2021, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $114,534.76
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-01431-UNJ Document 34 Filed 03/30/21 Page 2 of 4
(comprised of $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). Proffer at 1. In the Proffer,
Respondent represented that Petitioner agrees with the proffered award. Id. 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 lump
sum payment of $114,534.76 (comprised of $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) in the form of a check payable to Petitioner. This amount represents
compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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-01431-UNJ Document 34 Filed 03/30/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KATHERINE D. WHAM,
Petitioner,
No. 19-1431V
v. Chief Special Master Corcoran (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF COMPENSATION
I. Procedural History
On September 18, 2019, Katherine D. Wham (“petitioner”) filed a petition for
compensation (“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. She alleges that, as a result of receiving the influenza vaccine on
November 5, 2018, she suffered from Guillain-Barre Syndrome (“GBS”). See Petition at 1, 3.
On September 11, 2020, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner
suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe, and on
September 18, 2020, the Chief Special Master Corcoran issued a ruling on entitlement, finding
that petitioner was entitled to compensation for a GBS Table injury. ECF No. 18; ECF No. 20.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $114,534.76, for all damages, including $97,500.00 representative of pain and
suffering, $6,451.45 representative of lost wages, and $10,583.31 representative of out-of-pocket
medical and related expenses. This amount represents all elements of compensation to which
petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:19-vv-01431-UNJ Document 34 Filed 03/30/21 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment, as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following: A lump sum payment of $114,534.76 in
the form of a check payable to petitioner.1 Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Email: adriana.teitel@usdoj.gov
Dated: February 25, 2021
1Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.
2