VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00463 Package ID: USCOURTS-cofc-1_20-vv-00463 Petitioner: Wanda Payne Filed: 2020-04-20 Decided: 2023-03-03 Vaccine: influenza Vaccination date: 2017-10-09 Condition: Guillain-Barre Syndrome (GBS) Outcome: compensated Award amount USD: 76000 AI-assisted case summary: On April 20, 2020, Robert Payne, on behalf of the Estate of Wanda Payne, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Wanda Payne received an influenza vaccine on or about October 9, 2017, and subsequently suffered Guillain-Barre Syndrome (GBS) and a shoulder injury related to vaccine administration (SIRVA), which led to her death. The respondent denied that the flu vaccine caused Mrs. Payne's GBS, SIRVA, or death. Despite these denials, the parties filed a joint stipulation for damages on January 26, 2023. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. The decision awarded the Estate of Wanda Payne $76,000.00 as compensation for all items of damages, payable to Petitioner as the legal representative of the Estate. The parties were directed to enter judgment accordingly. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner alleged that Wanda Payne received an influenza vaccine on or about October 9, 2017, and subsequently suffered Guillain-Barre Syndrome (GBS) and a shoulder injury related to vaccine administration (SIRVA), with GBS leading to her death. Respondent denied that the flu vaccine caused Mrs. Payne's GBS, SIRVA, or death. The parties filed a joint stipulation for damages, and Chief Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding $76,000.00 to the Estate of Wanda Payne. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The award was based on the joint stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00463-0 Date issued/filed: 2023-03-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/26/2023) regarding 73 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0463V UNPUBLISHED ROBERT PAYNE, on behalf of Chief Special Master Corcoran ESTATE OF WANDA PAYNE, Filed: January 26, 2023 Petitioner, v. Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza SECRETARY OF HEALTH AND (Flu) Vaccine; Shoulder Injury HUMAN SERVICES, Related to Vaccine Administration (SIRVA); Guillain-Barre Syndrome Respondent. (GBS); Death Gil L. Daley, II, Law Office of Gil L. Daley, II, P.C., Fort Worth, TX, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 20, 2020, Robert Payne, on behalf of the Estate of Wanda Payne, 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 Wanda Payne suffered a shoulder injury and untimely demise due to Guillain-Barre Syndrome (“GBS”) resulting from an influenza (“flu”) vaccine received on or about October 9, 2017. Petition at 1; Stipulation, filed January 26, 2023, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in theUnited States, thatGBS led to Mrs. Payne’sdeath,and that there has been no prior award or settlement of a civil action for damages on Mrs. Payne’sbehalf as a result of Mrs. Payne’s alleged injury or death. Petition at ¶¶ 1, 3-5; Stipulation at ¶¶ 3-5. “Respondent denies that Mrs. Payne sustained a GBS Table injury or shoulder injury related to vaccine administration (“SIRVA”); denies that the flu vaccine causedMrs. 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. 2National 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). Case 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 2 of 7 Payne’s alleged GBS, alleged shoulder injury, or any other injury; and further denies that the flu vaccine caused her death.” Stipulation at ¶ 6. Nevertheless, on January 26, 2023, 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 $76,000.00 in the form of a check payable to Petitioner, as legal representative of the Estate of Wanda Payne. Stipulation at ¶ 8. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. 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.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 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 3 of 7 Case 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 4 of 7 Case 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 5 of 7 Case 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 6 of 7 Case 1:20-vv-00463-UNJ Document 76 Filed 03/03/23 Page 7 of 7