VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00783
Package ID: USCOURTS-cofc-1_13-vv-00783
Petitioner: Linda Wheeler
Filed: 2013-10-08
Decided: 2016-12-19
Vaccine: influenza
Vaccination date: 2010-10-19
Condition: Guillain-Barré Syndrome (GBS) and Demyelinating Inflammatory Polyneuropathy (CIDP)
Outcome: compensated
Award amount USD: 196177

AI-assisted case summary:
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 field:
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.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00783-0
Date issued/filed: 2016-09-28
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 08/30/2016) regarding 79 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:13-vv-00783-UNJ Document 83 Filed 09/28/16 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
LINDA WHEELER, *
* No. 13-783V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: August 30, 2016
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Guillain-Barré Syndrome (“GBS”);
* Chronic Demyelinating Inflammatory
Respondent. * Polyneuropathy (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Renee J. Gentry, Vaccine Injury Clinic George Washington University Law
School, Washington, DC, for Petitioner;
Glenn A. MacLeod, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On August 30, 2016, the parties filed a joint stipulation concerning the
petition for compensation filed by Linda Wheeler on October 8, 2013. In her
petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in
the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she
received on or about October 19, 2010, caused her to suffer Guillain-Barré
Syndrome (“GBS”) and Demyelinating Inflammatory Polyneuropathy (“CIDP”).
Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her condition.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:13-vv-00783-UNJ Document 83 Filed 09/28/16 Page 2 of 9
Respondent denies that the flu vaccine caused petitioner to suffer GBS,
CIDP or any other injury, and further denies that her current disabilities are a
sequela of a vaccine-related injury. Respondent further denies that the vaccine
caused petitioner any other injury or her current condition.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. A lump sum payment of $196,177.52, which amount represents
compensation for first year life care expenses ($11,120.00), pain and
suffering ($180,000.00), and past unreimbursable expenses
($5,057.52) in the form of a check payable to petitioner, Linda
Wheeler. This amount represents compensation for all damages that
would be available under 42 U.S.C. § 300aa-15(a).
b. An amount sufficient to purchase the annuity contract described in
paragraph 10 of the attached stipulation, paid to the life insurance
company from which the annuity will be purchased (the “Life
Insurance Company”).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-783V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Shannon Proctor, at (202)
357-6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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