Wilber Walker v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

On November 16, 2018, Wilber Walker filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS), a Table injury, as a result of an influenza vaccine he received on October 19, 2016. The petition stated that the vaccine was administered in the United States, that Mr.

Walker suffered residual effects of his injury for more than six months, and that there had been no prior award or settlement of a civil action on his behalf. Respondent denied that the flu vaccine caused Mr.

Walker's GBS or his death. Following Mr.

Walker's death, Darlene Walker, as the personal representative of his estate, was substituted as the petitioner. The parties subsequently filed a joint stipulation agreeing to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court.

The stipulation noted that Mr. Walker did not allege his death was a result of the vaccine or a vaccine-related injury.

The court directed judgment in accordance with the stipulation, awarding $135,965.25 to the estate of Wilber Walker for all damages. This amount was to be paid as a lump sum check to Petitioner, as legal representative of the Estate of Wilber Walker.

The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs. The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages, and it was not to be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused Mr.

Walker's alleged GBS, CIDP, or death, or any other injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Mallori Browne Openchowski of the U.S.

Department of Justice.