Steven Wedekind v. HHS - Influenza, Guillain-Barre Syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
On May 5, 2023, Carissa Photopoulos, as Personal Representative of the Estate of Steven Wedekind, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Steven Wedekind received an influenza vaccine on October 9, 2021, and subsequently developed Guillain-Barre Syndrome (GBS), which led to his death.
The petition stated that the vaccine was administered in the United States, that Mr. Wedekind's death was caused by GBS, and that no prior action or compensation had been sought for this vaccine-related injury or death.
Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 1, 2024, conceding that Petitioner was entitled to compensation. Respondent agreed that the records met the qualifications for a flu/GBS Table injury and that there was no alternative cause for Mr.
Wedekind's condition or death. Based on the Respondent's concession and the evidence, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on May 2, 2024, finding Petitioner entitled to compensation. Subsequently, on June 28, 2024, the parties filed a joint stipulation for decision.
Chief Special Master Corcoran adopted this stipulation on July 29, 2024, awarding the estate a lump sum of $373,371.11, payable to Petitioner as the legal representative of the estate. This amount was designated as compensation for all damages available under Section 15(a) of the Vaccine Act.
The stipulation noted that while Mr. Wedekind received a flu vaccine on October 9, 2021, he also received a COVID-19 booster vaccine on October 27, 2021, but claims related to the COVID-19 vaccine are not covered by the Vaccine Injury Table and would fall under the Countermeasures Injury Compensation Program (CICP).
The stipulation also included a release of all claims against the United States and the Secretary of Health and Human Services related to the vaccinations and a waiver of any rights to compensation under the CICP. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Mary Novakovic of the U.S.
Department of Justice.
Theory of causation
Petitioner alleged that Steven Wedekind received an influenza vaccine on October 9, 2021, and subsequently developed Guillain-Barre Syndrome (GBS), which resulted in his death. The Respondent conceded that the GBS was a Table injury and that there was no alternative cause for the condition or death. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. The parties entered into a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation stated that Mr. Wedekind developed GBS within the Table's timeframe following the flu vaccine and passed away due to complications from GBS, and that there was no evidence of an unrelated cause. Petitioner Carissa Photopoulos, as Personal Representative of the Estate of Steven Wedekind, was represented by Leigh Finfer, and Respondent was represented by Mary Novakovic. The decision was issued on July 29, 2024, awarding a lump sum of $373,371.11.
Source PDFs
USCOURTS-cofc-1_23-vv-00667