VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00204 Package ID: USCOURTS-cofc-1_22-vv-00204 Petitioner: Wanda Sovine Filed: 2022-02-24 Decided: 2024-10-01 Vaccine: influenza Vaccination date: 2020-09-22 Condition: Guillain-Barré syndrome Outcome: compensated Award amount USD: 215000 AI-assisted case summary: On February 24, 2022, Teresa Vickers, as personal representative of the Estate of Wanda Sovine, filed a claim in the National Vaccine Injury Compensation Program. Petitioner alleged that an influenza vaccine received on September 22, 2020, caused Wanda Sovine to develop Guillain-Barré syndrome (GBS) and subsequently led to her death on October 22, 2020. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Sovine's GBS and death. Despite maintaining their respective positions on causation, the parties reached a stipulation to settle the case and award compensation. The stipulation provided for a lump sum payment of $215,000.00, payable to petitioner as personal representative on behalf of the Estate of Wanda Sovine, representing compensation for all damages. Special Master Thomas L. Gowen adopted the parties' stipulation and awarded compensation accordingly, ordering judgment to be entered in accordance with the stipulation's terms. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation. Petitioner was represented by Leah V. Durant and respondent was represented by Benjamin P. Warder. Theory of causation field: Petitioner alleged that the influenza vaccine administered on September 22, 2020, caused Guillain-Barré syndrome (GBS) and subsequent death on October 22, 2020. Respondent denied causation. The parties stipulated to a settlement, with respondent agreeing to an award of $215,000.00 for all damages. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. Special Master Thomas L. Gowen issued the decision on October 1, 2024, adopting the stipulation. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Benjamin P. Warder. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_22-vv-00204-0 Date issued/filed: 2024-10-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/12/2024) regarding 37 DECISION on Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 12, 2024 * * * * * * * * * * * * * TERESA VICKERS, * as personal representative of, * ESTATE OF WANDA SOVINE, * * Petitioner, * No. 22-204V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, Washington, D.C., for petitioner. Benjamin P. Warder, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On February 24, 2022, Teresa Vickers, as personal representative of the Estate of Wanda Sovine (“petitioner”), filed a claim in the National Vaccine Injury Compensation Program. Petition2 (ECF No. 1). Petitioner alleges that the influenza (“flu”) vaccine received on September 22, 2020, caused her to develop Guillain-Barré syndrome (“GBS”), and subsequently her death on October 22, 2020. Id. On August 12, 2024, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (“Stip.”) (ECF No. 36). Respondent denies Ms. Sovine’s GBS and subsequent death was caused by the flu vaccine. Stip. at ¶ 6. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 2 of 7 Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to terms of the stipulation attached hereto as Appendix A. Id. at ¶. The stipulation awards: a) A lump sum payment of $215,000.00, in the form of a check payable to petitioner as personal representative on behalf of the Estate of Wanda Sovine. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 3 of 7 Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 4 of 7 Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 5 of 7 Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 6 of 7 Case 1:22-vv-00204-UNJ Document 41 Filed 10/01/24 Page 7 of 7