Charles Wealand v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)
Case summary [AI summaries can sometimes make mistakes]
Charles Wealand filed a petition on September 27, 2012, alleging that an influenza vaccination he received on or about September 17, 2010, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The influenza vaccine is contained in the Vaccine Injury Table.
Respondent denied that the influenza vaccine caused petitioner's GBS or any other injury. Nevertheless, both parties filed a joint stipulation on April 9, 2014, agreeing to settle the case.
Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $225,000.00, payable to him, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also noted that the parties would submit to further proceedings to award reasonable attorney's fees and costs.
Petitioner was represented by Elaine Whitfield Sharp of Whitfield, Sharp & Sharp. Respondent was represented by Tara J.
Kilfoyle of the United States Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments.
The mechanism of causation was not detailed in the public decision.
Source PDFs
USCOURTS-cofc-1_12-vv-00644