John Wirsen v. HHS - Influenza, transverse myelitis (2023)

On July 13, 2021, John Wirsen filed a petition for compensation alleging that the influenza vaccine he received on October 14, 2019, caused him to develop transverse myelitis (TM), a condition listed on the Vaccine Injury Table. Mr.

Wirsen passed away during the pendency of his claim, and Betty Jean Wirsen, as personal representative of his estate, continued the case. Petitioner represented that there had been no prior award or settlement of a civil action for damages on Mr.

Wirsen's behalf related to his condition. The respondent, the Secretary of Health and Human Services, denied that Mr.

Wirsen suffered from TM, that the influenza vaccine caused his condition, or that any damages were vaccine-related. The petitioner did not claim Mr.

Wirsen's death was a result of the influenza vaccine or any vaccine-related injury. Despite the respondent's denials, the parties reached a joint stipulation to resolve the claim.

Special Master Christian J. Moran found the stipulation reasonable and adopted it as the Court's decision.

The stipulation awarded Mr. Wirsen's estate a lump sum of $150,000.00, payable by check to the petitioner, as compensation for all damages.

The decision was issued on July 27, 2023. Ronald Craig Homer represented the petitioner, and Jennifer A.

Shah represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.