VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00089 Package ID: USCOURTS-cofc-1_22-vv-00089 Petitioner: Jolene Wiltz Filed: 2022-01-31 Decided: 2024-03-04 Vaccine: Tdap Vaccination date: 2021-03-09 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 136000 AI-assisted case summary: On January 31, 2022, Jolene Wiltz filed a petition under the National Vaccine Injury Compensation Program alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of a Tdap vaccination received on March 9, 2021. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Wiltz's GBS or any other injury, and denied that her condition was a sequela of a vaccine-related injury. Despite maintaining these positions, both parties agreed to settle the case. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as her decision. The stipulation awarded Ms. Wiltz a lump sum of $136,000.00, payable by check, as compensation for all damages available under the program. The decision was issued on March 4, 2024, approving the award and directing the Clerk of the Court to enter judgment. Petitioner's counsel was Glen Sturtevant, Jr. of Rawls Law Group. Respondent's counsel was Meghan Murphy of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Jolene Wiltz alleged that a Tdap vaccination received on March 9, 2021, caused her Guillain-Barré syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation to settle the case, with the respondent maintaining its denial of causation. The stipulation awarded Petitioner $136,000.00 in a lump sum. Special Master Katherine E. Oler adopted the stipulation as her decision. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00089-0 Date issued/filed: 2024-03-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 2/6/2024) regarding 33 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00089-UNJ Document 38 Filed 03/04/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-89V Filed: February 6, 2024 * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOLENE WILTZ, * * Petitioner, * * * v. * * SECRETARY OF HEALTH AND * HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Glen Sturtevant, Jr., Rawls Law Group, Richmond, VA, for Petitioner Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On January 31, 2022, Jolene Wiltz (“Petitioner”) filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from Guillain-Barré syndrome as a result of the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccination she received on March 9, 2021. See Stipulation ¶ 2, 4, dated February 6, 2024 (ECF No. 32); see also Petition. Respondent denies “that the vaccine caused petitioner’s alleged GBS, or any other injury, and denies that her current condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6. 1 Because this Decision contains a reasoned explanation for the action 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 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:22-vv-00089-UNJ Document 38 Filed 03/04/24 Page 2 of 7 Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed February 6, 2024 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $136,000.00 in the form of a check payable to petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 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