Linda Wheeler v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and Demyelinating Inflammatory Polyneuropathy (CIDP) (2016)
Case summary [AI summaries can sometimes make mistakes]
Linda Wheeler filed a petition on October 8, 2013, alleging that an influenza vaccine she received on or about October 19, 2010, caused her to develop Guillain-Barré Syndrome (GBS) and Chronic Demyelinating Inflammatory Polyneuropathy (CIDP), with residual effects lasting more than six months. Petitioner stated there had been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denied that the flu vaccine caused petitioner's GBS, CIDP, or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The parties subsequently filed a joint stipulation on August 30, 2016, to settle the case.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Petitioner was awarded a lump sum payment of $196,177.52, which represented compensation for first year life care expenses ($11,120.00), pain and suffering ($180,000.00), and past unreimbursable expenses ($5,057.52). Additionally, an amount sufficient to purchase an annuity contract for future life care expenses was awarded.
The public decision does not describe the onset of symptoms, specific medical tests, treatments, or expert witnesses. Renee J.
Gentry of the Vaccine Injury Clinic at George Washington University Law School represented the petitioner, and Glenn A. MacLeod of the U.S.
Department of Justice represented the respondent.
Theory of causation
Petitioner Linda Wheeler alleged that an influenza vaccine received on or about October 19, 2010, caused her to develop Guillain-Barré Syndrome (GBS) and Chronic Demyelinating Inflammatory Polyneuropathy (CIDP), with residual effects lasting more than six months. Respondent denied the causal link. The parties entered into a joint stipulation on August 30, 2016. Special Master Christian J. Moran adopted the stipulation as the Court's decision. Petitioner was awarded a lump sum of $196,177.52, comprising first year life care expenses ($11,120.00), pain and suffering ($180,000.00), and past unreimbursable expenses ($5,057.52), under 42 U.S.C. § 300aa-15(a), plus an annuity for future life care expenses. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for petitioner were Renee J. Gentry and for respondent was Glenn A. MacLeod.
Source PDFs
USCOURTS-cofc-1_13-vv-00783