VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01655 Package ID: USCOURTS-cofc-1_21-vv-01655 Petitioner: Weldon Wilson Filed: 2021-08-03 Decided: 2023-10-27 Vaccine: influenza Vaccination date: 2020-09-02 Condition: Guillain-Barré syndrome (GBS) Outcome: compensated Award amount USD: 154813 AI-assisted case summary: Weldon Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2021, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on September 2, 2020. The case was assigned to the Special Processing Unit. On October 12, 2022, the Respondent filed a Rule 4(c) report conceding that Mr. Wilson is entitled to compensation, as he satisfied the criteria set forth in the Vaccine Injury Table. A ruling on entitlement was issued on October 18, 2022, finding Mr. Wilson entitled to compensation. On September 21, 2023, the Respondent filed a proffer on award of compensation, indicating that Mr. Wilson should be awarded a total of $154,813.96. This amount includes $140,000.00 for pain and suffering, $2,154.13 for past unreimbursable expenses, and $12,659.83 for past lost wages. Mr. Wilson agreed with the proffered award. The Chief Special Master issued a decision awarding Mr. Wilson a lump sum payment of $154,813.96. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01655-0 Date issued/filed: 2022-11-18 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2022) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01655-UNJ Document 26 Filed 11/18/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1655V UNPUBLISHED WELDON WILSON, Chief Special Master Corcoran Petitioner, Filed: October 18, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on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. Jessi Carin Huff, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On August 3, 2021, Weldon Wilson 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 he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on September 2, 2020. Petition at 3. Petitioner further alleges that he suffered from his injury for more than six months. Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 12, 2022, 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 states that it is his position that “petitioner has satisfied the 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:21-vv-01655-UNJ Document 26 Filed 11/18/22 Page 2 of 2 criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualifications and Aids to Interpretation.” Id. at 5. 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_21-vv-01655-1 Date issued/filed: 2023-10-27 Pages: 5 Docket text: PUBLIC DECISION (Originally filed: 09/25/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01655-UNJ Document 42 Filed 10/27/23 Page 1 of 5 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1655V WELDON WILSON, Chief Special Master Corcoran Petitioner, Filed: September 25, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessi Carin Huff, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On August 3, 2021, Weldon Wilson 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 he suffered Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine he received on September 2, 2020 . Petition at 3. The case was assigned to the Special Processing Unit of the Office of Special Masters. On October 18, 2022, a ruling on entitlement was issued, finding Petitioner entitled to compensation. On September 21, 2023, Respondent filed a proffer on award of compensation (“Proffer”) indicating Petitioner should be awarded a total of $154,813.96 consisting of $140,000.00 in pain and suffering, $2,154.13 in past unreimbursable expenses, and $12,659.83 in past lost wages. Proffer at 2. 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. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:21-vv-01655-UNJ Document 42 Filed 10/27/23 Page 2 of 5 Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump sum payment of $154,813.96 (consisting of $140,000.00 in pain and suffering, $2,154.13 in past unreimbursable expenses, and $12,659.83 in past lost wages) in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a). 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 1:21-vv-01655-UNJ Document 42 Filed 10/27/23 Page 3 of 5 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS __________________________________________ ) WELDON WILSON, ) ) Petitioner, ) ) No. 21-1655V (ECF) v. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) __________________________________________) PROFFER ON AWARD OF COMPENSATION1 I. Procedural History On August 3, 2021, Weldon Wilson (“petitioner”) filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986, as amended (“the Vaccine Act” or “the Act”), 42 U.S.C. §§ 300aa-1 to -34. Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on September 2, 2020. See Petition. On October 12, 2022, respondent filed his Vaccine Rule 4(c) report, concluding that petitioner suffered GBS as defined by the Vaccine Injury Table, within the Table timeframe. ECF No. 22. On October 18, 2022, Chief Special Master Corcoran issued a ruling on entitlement, finding that petitioner was entitled to compensation for a GBS Table injury. 1 This Proffer does not include attorneys’ fees and costs, which the parties intend to address after the Damages Decision is issued. Case 1:21-vv-01655-UNJ Document 42 Filed 10/27/23 Page 4 of 5 II. Items of Compensation A. Pain and Suffering Respondent proffers that petitioner should be awarded $140,000.00 in pain and suffering. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees. B. Past Unreimbursable Expenses Evidence supplied by petitioner documents that he incurred past unreimbursable expenses related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past unreimbursable expenses in the amount of $2,154.13. See 42 U.S.C. § 300aa-15(a)(1)(B). Petitioner agrees. C. Lost Wages Evidence supplied by petitioner documents that he incurred past lost wages related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past lost wages in the amount of $12,659.83. See 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees. These amounts represent all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees. III. Form of the Award Petitioner is a competent adult. Evidence of guardianship is not required in this case. 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 $154,813.96 in the form of a check payable to petitioner.2 2 Should petitioner die prior to entry of judgment, respondent would oppose any award for 2 Case 1:21-vv-01655-UNJ Document 42 Filed 10/27/23 Page 5 of 5 II. Summary of Recommended Payments Following Judgment Lump sum payable to petitioner, Weldon Wilson: $154,813.96 Respectfully submitted, BRIAN M. BOYNTON Principal Deputy Assistant Attorney General C. SALVATORE D’ALESSIO Director Torts Branch, Civil Division HEATHER L. PEARLMAN Deputy Director Torts Branch, Civil Division ALEXIS B. BABCOCK Assistant Director Torts Branch, Civil Division s/ Bridget A. Corridon BRIDGET A. CORRIDON Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Tel: (202) 305-4117 Email: bridget.corridon@usdoj.gov DATED: September 21, 2023 future medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the right to move the Court for appropriate relief. 3 ================================================================================ DOCUMENT 3: USCOURTS-cofc-1_21-vv-01655-cl-extra-10733766 Date issued/filed: 2024-11-08 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10267176 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1655V WELDON WILSON, Chief Special Master Corcoran Petitioner, v. Filed: October 4, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessi Carin Huff, Maglio Christopher & Toale, Seattle, WA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON ATTORNEY’S FEES AND COSTS1 On August 3, 2021, Weldon Wilson 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 alleged that he suffered Guillain-Barré syndrome as a result of an influenza vaccine he received on September 2, 2020. On September 25, 2023, I issued a decision awarding compensation to Petitioner based on the Respondent’s proffer. ECF No. 39. 1Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Petitioner has now filed a motion for attorney’s fees and costs, requesting an award of $68,978.95 (representing $66,912.50 in fees plus $2,066.45 in costs). Application for Attorneys’ Fees and Costs (“Motion”) filed March 25, 2024, ECF No. 44. Furthermore, Petitioner filed a signed statement representing that Petitioner incurred no personal out- of-pocket expenses. ECF No. 44-4. Respondent reacted to the motion on April 2, 2024, indicating that he is satisfied the statutory requirements for an award of attorneys’ fees and costs are met in this case but deferring resolution of the amount to be awarded to my discretion. Motion at 2-3, ECF No. 45. Petitioner filed a reply on April 3, 2024, reiterating his request for fees and costs as indicated in the Motion. ECF No. 46. The rates requested for work performed through the end of 2023 are reasonable and consistent with our prior determinations, and will therefore be adopted. Petitioner has also requested the hourly rate of $460 for 2024 work performed by attorney Jessi Huff, representing a rate increase of $35 from the previous year; and the rate of $190 for paralegal work performed by Chelsea Harris in 2024, ECF No. 44-2 at 2. I find these rates to be reasonable and will award the attorney’s fees requested. And all time billed to the matter was also reasonably incurred. Furthermore, Petitioner has provided supporting documentation for all claimed costs, ECF No. 44-3. And Respondent offered no specific objection to the rates or amounts sought. I find the requested costs reasonable and hereby award them in full. The Vaccine Act permits an award of reasonable attorney’s fees and costs for successful claimants. Section 15(e). Accordingly, I hereby GRANT Petitioner’s Motion for attorney’s fees and costs. I award a total of $68,978.95 (representing $66,912.50 in fees plus $2,066.45 in costs) as a lump sum in the form of a check jointly payable to Petitioner and Petitioner’s counsel. Per Petitioner’s request, the check is to be forwarded to Maglio Christopher and Toale Law: Petitioner’s request, the check is to be forwarded to: 1515 Ringling Blvd., Suite 700, Sarasota, FL 34236. In the absence of a timely-filed motion for review (see Appendix B to the Rules of the Court), the Clerk of Court shall 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), the parties may expedite entry of judgment by filing a joint notice renouncing their right to seek review. 2