VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02042
Package ID: USCOURTS-cofc-1_21-vv-02042
Petitioner: Stephen Wickert
Filed: 2021-10-19
Decided: 2023-03-07
Vaccine: influenza
Vaccination date: 2019-10-21
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 157500

AI-assisted case summary:
Stephen Wickert filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2021, alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 21, 2019. The case was assigned to the Special Processing Unit. On September 3, 2022, the Respondent filed a Rule 4(c) report conceding that Mr. Wickert was entitled to compensation, as his condition met the criteria for a Table injury. The Respondent agreed that the case was timely filed, that Petitioner received his vaccination in the United States, and that Petitioner satisfies the statutory severity requirement. A ruling on entitlement was issued on September 6, 2022, by Chief Special Master Brian H. Corcoran, finding Mr. Wickert entitled to compensation. Subsequently, on February 2, 2023, the Respondent filed a proffer on award of compensation, recommending an award of $157,500.00 for pain and suffering, which Mr. Wickert agreed to. The decision dated March 7, 2023, awarded Mr. Wickert a lump sum payment of $157,500.00 in pain and suffering. Petitioner was represented by Laura Levenberg of Muller Brazil PA, and Respondent was represented by James Vincent Lopez of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Stephen Wickert alleged that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 21, 2019. The Respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a Table injury, specifically 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15), and that the case was timely filed, the vaccination occurred in the United States, and the statutory severity requirement was met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 6, 2022, finding Petitioner entitled to compensation. A subsequent decision on March 7, 2023, awarded Petitioner a lump sum payment of $157,500.00 for pain and suffering, based on a proffer agreed to by both parties. Petitioner was represented by Laura Levenberg (Muller Brazil PA), and Respondent was represented by James Vincent Lopez (U.S. Department of Justice). The public text does not detail the specific mechanism of causation or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-02042-0
Date issued/filed: 2022-10-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/06/2022) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-02042-UNJ Document 21 Filed 10/07/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2042V
UNPUBLISHED
STEPHEN WICKERT, Chief Special Master Corcoran
Petitioner, Filed: September 6, 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.
Laura Levenberg, Muller Brazil PA, Dresher, PA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On October 19, 2021, Stephen Wickert 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 developed Guillain-Barré syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine that was administered to him on October 21, 2019.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 3, 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 agrees that “[P]etitioner has satisfied the criteria set forth in
the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation
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-02042-UNJ Document 21 Filed 10/07/22 Page 2 of 2
(“QAI”)”. Id. at 8 (citing 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). Respondent further agrees
that the case was timely filed, that Petitioner received his vaccination in the United States,
and that Petitioner satisfies the statutory severity requirement. Id.
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_21-vv-02042-1
Date issued/filed: 2023-03-07
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 02/02/2023) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-02042-UNJ Document 29 Filed 03/07/23 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-2042V
UNPUBLISHED
STEPHEN WICKERT, Chief Special Master Corcoran
Petitioner, Filed: February 2, 2023
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On October 19, 2021, Stephen Wickert 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 developed Guillain-Barré syndrome (“GBS”) as
a result of an influenza (“flu”) vaccine that was administered to him on October 21, 2019.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 6, 2022, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for GBS. On February 2, 2023, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $157,500.00
in pain and suffering. Proffer at 1. In the Proffer, Respondent represented that Petitioner
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:21-vv-02042-UNJ Document 29 Filed 03/07/23 Page 2 of 5
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 $157,500.00 in pain and suffering 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-02042-UNJ Document 29 Filed 03/07/23 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
STEPHEN WICKERT, )
)
Petitioner, )
) No. 21-2042V
v. ) Chief Special Master Brian H. Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 19, 2021, Stephen Wickert (“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 developed Guillain-Barré
Syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him on October
21, 2019. On September 3, 2022, the Secretary of Health and Human Services (“respondent”)
filed a Rule 4(c) Report indicating that this case is appropriate for compensation under the terms
of the Act for a GBS Table injury, and on September 6, 2022, the Chief Special Master issued a
Ruling on Entitlement finding petitioner entitled to compensation. ECF Nos. 16, 17.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $157,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
This amount represent all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.

Case 1:21-vv-02042-UNJ Document 29 Filed 03/07/23 Page 4 of 5
II. 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 following1: a lump sum payment of $157,500.00, in the form of
a check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Stephen Wickert: $157,500.00
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
DARRYL R. WISHARD
Assistant Director
Torts Branch, Civil Division
/s James V. Lopez
James V. Lopez
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3655
Fax: (202) 616-4310
Email: james.lopez@usdoj.gov
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:21-vv-02042-UNJ Document 29 Filed 03/07/23 Page 5 of 5
Date: February 2, 2023
3