VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00288
Package ID: USCOURTS-cofc-1_22-vv-00288
Petitioner: Grace L. Sharpe
Filed: 2022-03-14
Decided: 2023-03-21
Vaccine: influenza
Vaccination date: 2020-10-06
Condition: Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 395000

AI-assisted case summary:
Jodi Lawton and Christi Kirkland, as personal representatives of the estate of Grace L. Sharpe, filed a petition on March 14, 2022, alleging that Ms. Sharpe suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 6, 2020. They further alleged that Ms. Sharpe's death on November 5, 2020, was a sequela of her GBS. The respondent filed a combined Rule 4(c) report/Proffer on February 10, 2023, conceding that the case met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination, and that Ms. Sharpe's death was related to her GBS. The respondent also agreed that the petitioners timely filed their case, that Ms. Sharpe received the flu vaccine in the United States, and that the medical records established by a preponderance of the evidence that Ms. Sharpe's death was related to her GBS. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 13, 2023, finding Petitioners entitled to compensation. Subsequently, on February 13, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, based on a stipulation/proffer. The parties stipulated to an award of $395,000.00, consisting of $145,500.00 for pain and suffering and $250,000.00 for the death benefit. This award was ordered to be paid as a lump sum in the form of a check payable to Petitioners.

Theory of causation field:
Petitioners Jodi Lawton and Christi Kirkland, as personal representatives of the estate of Grace L. Sharpe, alleged that Ms. Sharpe suffered Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 6, 2020, and that her death on November 5, 2020, was a sequela of GBS. The respondent conceded entitlement, agreeing that the case met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination, and that there was no preponderant evidence of an alternative cause. The respondent further agreed that Ms. Sharpe's death was related to her GBS. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 13, 2023, finding Petitioners entitled to compensation. A subsequent Decision Awarding Damages on March 21, 2023, ordered a lump sum award of $395,000.00, comprising $145,500.00 for pain and suffering and $250,000.00 for the death benefit, based on a stipulation between Petitioners and Respondent. Attorneys for Petitioner were Andrew Gordon Melling of Burr & Forman, LLP, and for Respondent was Emily H. Manoso of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00288-0
Date issued/filed: 2023-03-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/13/2023) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00288-UNJ Document 38 Filed 03/17/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0288V
UNPUBLISHED
JODI LAWTON and CHRISTI Chief Special Master Corcoran
KIRLAND, as personal representatives
of the ESTATE OF GRACE L. Filed: February 13, 2023
SHARPE,
Special Processing Unit (SPU);
Petitioners, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Gordon Melling, Burr & Forman, LLP, Columbia, SC, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On March 14, 2022, Jodie Lawton and Christi Kirkland (“Petitioners”), as the
personal representatives of the estate of Grace L. Sharpe (“Ms. Sharpe”) filed a petition
for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioners alleged that Ms. Sharpe suffered
Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered
to her on October 6, 2020. Petition at 1. Petitioners further allege that Ms. Sharpe’s death
on November 5, 2020, was a sequela of her GBS. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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 1:22-vv-00288-UNJ Document 38 Filed 03/17/23 Page 2 of 2
On February 10, 2023, Respondent filed a combined Rule 4(c) report/Proffer in
which he concedes that Petitioners are entitled to compensation in this case. Rule 4(c)
Report/Proffer at 1. Specifically, Respondent states that “petitioners have satisfied the
criteria set forth in the Vaccine Injury Table (‘Table’) and the Qualification and Aids to
Interpretation (‘QAI’), which afford petitioners a presumption a presumption of causation
if the onset of GBS occurs between three and forty-two days after a seasonal flu
vaccination and there is not preponderant evidence of an alternative cause.” Id. at 5.
Respondent further agrees that “the records show that petitioners timely filed their case,
that petitioners’ decedent, Ms. Sharpe, received the flu vaccine in the United States, and
that based on the medical records outlined above, a preponderance of the evidence
establishes that petitioners have met the statutory severity requirement in that Ms.
Sharpe’s death was related to her GBS.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioners are 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_22-vv-00288-1
Date issued/filed: 2023-03-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/13/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:22-vv-00288-UNJ Document 40 Filed 03/21/23 Page 1 of 2
Corrected
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0288V
UNPUBLISHED
JODI LAWTON and CHRISTI Chief Special Master Corcoran
KIRKLAND, as personal
representatives of the estate of Filed: February 13, 2023
GRACE L. SHARPE,
Special Processing Unit (SPU);
Petitioners, Damages Decision Based on Proffer;
v. Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS); Death
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Andrew Gordon Melling, Burr & Forman, LLP, Columbia, SC, for Petitioners.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On March 14, 2022, Jodi Lawton and Christi Kirkland (“Petitioners”), as personal
representatives of the estate of Grace L. Sharpe (“Ms. Sharpe”), filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.2 (the “Vaccine Act”). Petitioners alleges that Ms. Sharpe suffered
Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered
to her on October 6, 2020. Petition at 1. Petitioners further allege that Ms. Sharpe’s death
on November 5, 2020, was a sequela of her GBS. Id. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
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 1:22-vv-00288-UNJ Document 40 Filed 03/21/23 Page 2 of 2
On February 13, 2023, a ruling on entitlement was issued finding Petitioners
entitled to compensation for GBS and Ms. Sharpe’s resulting death. On February 10,
2023, Respondent filed a combined Rule 4(c) Report and Proffer (“Rule 4/Proffer”) on
award of compensation indicating Petitioners should be awarded a total of $395,000.00
(consisting of $145,500.00 for pain and suffering, and $250,00.00 for the death benefit).
Rule 4/Proffer at 5-6. In the Rule 4/Proffer, Respondent represented that Petitioners
agree with the proffered award. Id. Based on the record as a whole, I find that Petitioners
are entitled to an award as stated in the Rule 4/Proffer.
The following is ORDERED: Pursuant to the terms stated in the Rule
4/Proffer, I award Petitioners a lump sum payment of $395,000.00 (consisting of
$145,500.00 for pain and suffering, and $250,00.00 for the death benefit) in the form
of a check payable to Petitioners. 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