Charles Wealand v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2014)

Filed 2012-09-27Decided 2014-05-01Vaccine Influenza
compensated$225,000

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.

Theory of causation

Petitioner Charles Wealand received an influenza vaccine on or about September 17, 2010. The influenza vaccine is listed in the Vaccine Injury Table. Petitioner alleged that this vaccine caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied causation. The parties entered into a joint stipulation on April 9, 2014, to settle the case. Special Master Christian J. Moran adopted the stipulation as the decision of the Court. The award was a lump sum of $225,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Attorney for petitioner was Elaine Whitfield Sharp. Attorney for respondent was Tara J. Kilfoyle. The public decision does not detail the specific medical experts, the mechanism of injury, or the clinical progression of the alleged GBS.

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