VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01571
Package ID: USCOURTS-cofc-1_21-vv-01571
Petitioner: John Wirsen
Filed: 2021-07-13
Decided: 2023-07-27
Vaccine: influenza
Vaccination date: 2019-10-14
Condition: transverse myelitis
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner alleged that the influenza vaccine administered on October 14, 2019, caused John Wirsen to develop transverse myelitis (TM), a condition listed on the Vaccine Injury Table. Mr. Wirsen passed away during the litigation, and his estate, represented by Betty Jean Wirsen, continued the claim. The respondent denied the alleged injury, causation, and damages. The parties reached a joint stipulation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in a $150,000.00 lump sum award to the estate. The public decision does not detail the specific mechanism of causation, expert testimony, or the evidence considered beyond the joint stipulation. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Jennifer A. Shah. The decision date was July 27, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-01571-0
Date issued/filed: 2023-07-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/05/2023) regarding 58 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (ceo) Service on parties made.
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Case 1:21-vv-01571-UNJ Document 62 Filed 07/27/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
BETTY JEAN WIRSEN *
Personal representative of the estate of, *
John Wirsen, deceased *
* No. 21-1571V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: July 5, 2023
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner;
Jennifer A. Shah, United States Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On July 5, 2023, the parties filed a joint stipulation concerning the petition
for compensation filed by John Wirsen on July 13, 2021. Mr. Wirsen alleged that
the influenza vaccine he received on October 14, 2019, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused him to suffer
transverse myelitis (“TM”) as defined in the Table. Mr. Wirsen passed away
during the pendency of his claim, and Betty Jean Wirsen (“Petitioner”) took over
Mr. Wirsen’s claim as personal representative of his estate. Petitioner represents
that there has been no prior award or settlement of a civil action for damages on
Mr. Wirsen’s behalf as a result of his condition.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly
accessible and will be posted on the United States Court of Federal Claims' website, and/or at
https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002.
44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means
the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), the
parties have 14 days to identify and move to redact medical or other information, the disclosure of which would
constitute an unwarranted invasion of privacy. Any changes will appear in the document posted in the website.

Case 1:21-vv-01571-UNJ Document 62 Filed 07/27/23 Page 2 of 7
Respondent denies that Mr. Wirsen suffered from TM; denies that the
influenza vaccine caused Mr. Wirsen to suffer from TM or any other injury; and
denies that any of Mr. Wirsen’s alleged damages were caused by the influenza
vaccine or any claimed vaccine-related illness. Petitioner has not claimed that Mr.
Wirsen’s death was the result of the influenza vaccine or any vaccine-related
injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. 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 lump sum of $150,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment according to this decision and the attached
stipulation.2
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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