VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00667
Package ID: USCOURTS-cofc-1_23-vv-00667
Petitioner: Steven Wedekind
Filed: 2023-05-05
Decided: 2024-07-29
Vaccine: influenza
Vaccination date: 2021-10-09
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 373371

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00667-0
Date issued/filed: 2024-05-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/02/2024) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00667-UNJ Document 24 Filed 05/02/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0667V
CARISSA PHOTOPOULOS, Personal Chief Special Master Corcoran
Representative of ESTATE OF
STEVEN WEDEKIND, Filed: April 2, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 5, 2023, Carissa Photopoulos, Personal Representative of the Estate of
Steven Wedekind, 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 Mr. Wedekind suffered Guillain-Barre Syndrome (“GBS”), and subsequently
death, resulting from an influenza (“flu”) vaccine Mr. Wedekind received on October 9,
2021. Petition at 1. Petitioner further alleges that the flu vaccine was administered in the
United States, Mr. Wedekind’s death was caused by his GBS, and neither Petitioner, nor
any other party, has ever filed any action or received compensation in the form of an
1 Because this Ruling contains a reasoned explanation for the action taken 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 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 (2018).

Case 1:23-vv-00667-UNJ Document 24 Filed 05/02/24 Page 2 of 2
award or settlement for Mr. Wedekind’s vaccine-related injury. Petition at ¶¶ 1, 5-7; Ex.
7. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On April 1, 2024, 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 the records establish the requirements set forth in
the Qualifications and Aids to Interpretation for a flu/GBS Table injury and there is no
alternative cause that explains Mr. Wedekind’s condition or death. Id. at 5. Respondent
thus agrees that that Petitioner is entitled to compensation under the Vaccine Act. 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_23-vv-00667-1
Date issued/filed: 2024-07-29
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 06/28/2024) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0667V
CARISSA PHOTOPOULOS, Personal Chief Special Master Corcoran
Representative of ESTATE OF
STEVEN WEDEKIND, Filed: June 28, 2024
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Mary Novakovic, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 5, 2023, Carissa Photopoulos, Personal Representative of the Estate of
Steven Wedekind, 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 Mr. Wedekind suffered Guillain-Barré syndrome (“GBS”), and subsequently
death, resulting from an influenza (“flu”) vaccine Mr. Wedekind received on October 9,
2021. Petition at 1; Stipulation, filed June 28, 2024, at ¶¶ 2-4. Petitioner further alleges
that Mr. Wedekind’s flu vaccine was administered in the United States, Mr. Wedekind
developed GBS within the time period set forth in the Table following receipt of the flu
vaccine and passed away due in part to complications from GBS, there is not a
preponderance of evidence demonstrating that decedent’s GBS was due to a factor
1Because this Decision contains a reasoned explanation for the action taken 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.
2National 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 (2018).

Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 2 of 8
unrelated to vaccination, and neither Petitioner, nor any other party, has ever filed any
action or received compensation in the form of an award or settlement for Mr. Wedekind’s
vaccine-related injury and/or death. Petition at ¶¶ 1, 5-7; Ex. 7; Stipulation at ¶¶ 3-6.
On June 28, 2024, the parties filed the attached joint stipulation, stating that a
decision should be entered awarding compensation. I find the stipulation reasonable and
adopt it as my decision awarding damages, on the terms set forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $373,371.11 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of damages
that would be available under Section 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, 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 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CARISSA PHOTOPOULOS, Personal
Representative of the Estate of STEVEN
WEDEKIND, No. 23-667V
Chief Special Master Corcoran
Petitioner, ECF
V.
SECRETA RY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Carissa Photopoulo5 ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10 to-34 (the "Vaccine
Program''), as personal representative of the estate of Steven Wedekind ("decedent"). The
petition seeks compensation for injuries allegedly related to decedent's receipt of an influenza
(. .f lu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R.
§ 100.3(a).
2. Decedent received the flu vaccine on October 9, 2021. 1
3. The vaccine was administered within the United States.
1 On October 27, 2021, petitioner received a COVID-19 booster vaccine. Vaccines against
COVID•19 are not contained in the Vaccine Injury Table. See42 U.S.C. § 300aa-14 and42
C.F.R. § 100.J(a). Pursuant to the declaration issued by the Secretary of Health and Human
Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d,
247d-6e), claims for alleged injuries from COVJD .. t 9 coWJ.tenneasures, including vaccines, may
be compensable under the Countermeasures Injury Compensation Program ("CICP"). See 85
Fed. Reg. 15198, 15202 (March 17, 2020).
1

Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 4 of 8
4. Decedent developed Guillain~Barre Syndrome ("GBSj within the time period set forth
in the Table following receipt of the flu vaccine and passed away due in part to complications
from GBS.
5. There is not a preponderance of evidence demonstrating that decedent's GBS was due
to a factor unrelated to vaccination.
6. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of decedenCs OBS and/or death.
7. Accordingly, petitioner is entitled to compensation under the terms of the Vaccine Act
for decedent's OBS Table injury, resulting in death. Therefore, a decision should be entered
awarding the compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services wilJ issue
the following vaccine compensation payment:
A lump sum of $373,371.11 in the form of a check payable to petitioner as legal
representative of decedent's estate. This amount represents compensation for all
damages that are available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
2

Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 5 of 8
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l S(i), subject
to the availability of sufficient statutory funds.
12. Petitioner represents that she presently is, or within 90 days of the date ofj udgment
will become, duly authorized to serve as the legal representative of decedent's estate under the
laws of the State of Wisconsin. No payments pursuant to this Stipulation shall be made until
petitioner provides the Secretary with documentation establishing petitioner's appointment as
legal representative of decedent's estate. If petitioner is not authorized by a court of competent
jurisdiction to serve as legal representative of decedent's estate at the time a payment pursuant to
this Stipulation is to be made, any such payment shall be paid to the party or parties appointed by
a court ofc ompetent jurisdiction to serve as legal representative of decedent's estate upon
submission of written documentation of such appointment to the Secretary.
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and as personal representative of the estate of decedent, on her own behalf
and on behalf of the estate and decedent's heirs, executors, administrators, successors, or assigns,
(a) does forever irrevocably and unconditionally release, acquit, and discharge the United States
and the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or hereafter could
3

Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 6 of 8
be timely brought in the Court of Federal Claims, wider the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300 aa-10 et seq., (i) on account of, or in any way growing
out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of
decedent resulting from, or that may be alleged to have resulted from, the vaccinations
administered on or about October 9 and October 27, 2021, and (ii) that petitioner, in her
individual capacity and as personal representative of the estate of decedent, has bad, now has, or
hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed on or about May 5, 2023, in the United States Court of Federal Claims as
petition No. 23-667V; and (b) waives any and all rights to any compensation that may be
available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d-
6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered
countermeasure, including the COVID-19 vaccination administered on October 27, 2021, on its
own or in combination with the flu vaccination administered on October 9, 2021, caused or
seriously aggravated the injuries that were the subject of the petition for vaccine compensation
filed on or about May 5, 2023, in the United States Court of Federal Claims as petition No. 23-
667V, including OBS and death, for which petitioner wi11 receive compensation pursuant to this
Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby
withdraws such claim for compensation in the CICP.2 lfno c)aim for compensation has been
filed in the CICP as of the date this Stipulation is ftl~ petitioner waives the right to file a claim
as described in this paragraph for compensation in the CICP.
2 After entry ofj udgment reflecting a decision consistent with the terms of this Stipulation,
petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's
withdrawal of their CICP claim and waiver of any potential compensation under the CICP.
4

Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 7 of 8
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal C)aims fails to enter judgment in confonnity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
1S . This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of l 986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused decedenfs GBS or any other
injury or his death; however, decedent's injury and death satisfied the Table criteria to establish
petitioner's entitlement to compensation.
17. All rights and obligations of petitioner hereunder in her capacity as the personal
representative of the estate of decedent shaJJ apply equally to petitioner's heirs, executors,
administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:23-vv-00667-UNJ Document 38 Filed 07/29/24 Page 8 of 8
Respectfully submitted,
PETITIONER:
< 1 1 ~
CARISSA PHOTOPOULOS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATIORNEY GENERAL:
~ ~ f ? ~ , , ~
HEATHER L. PEARLMAN
Muller Brazil, LL Deputy Director
715 Twining Road Torts Branch
Ste 208 Civil Division
Dresher, PA 19025 U.S. Department of Justice
Tel: (484) 889-1080 P.O. Box 146
Email: leigh@mullerbrazil.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR
OFTIIESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffrey S,
Dlgltallyslgnedby
Jeffrey S. Beach -S
B h S
eac - _ Oat@:2024.06.14
1o;s2:26::0:1:·oo· for ~~
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044~0146
and Human Services Tel: (202) 616-2879
5600 Fishers Lane, 08W-25A Email: Mary.E.Novakovic@usdoj.gov
Rockville, MD 20857
2 g 2 'f
Dated: Jt.,tne 1 oz_
6