Stephen Wickert v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
Stephen Wickert filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2021, alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 21, 2019. The case was assigned to the Special Processing Unit.
On September 3, 2022, the Respondent filed a Rule 4(c) report conceding that Mr. Wickert was entitled to compensation, as his condition met the criteria for a Table injury.
The Respondent agreed that the case was timely filed, that Petitioner received his vaccination in the United States, and that Petitioner satisfies the statutory severity requirement. A ruling on entitlement was issued on September 6, 2022, by Chief Special Master Brian H.
Corcoran, finding Mr. Wickert entitled to compensation.
Subsequently, on February 2, 2023, the Respondent filed a proffer on award of compensation, recommending an award of $157,500.00 for pain and suffering, which Mr. Wickert agreed to.
The decision dated March 7, 2023, awarded Mr. Wickert a lump sum payment of $157,500.00 in pain and suffering.
Petitioner was represented by Laura Levenberg of Muller Brazil PA, and Respondent was represented by James Vincent Lopez of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Stephen Wickert alleged that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 21, 2019. The Respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a Table injury, specifically 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15), and that the case was timely filed, the vaccination occurred in the United States, and the statutory severity requirement was met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 6, 2022, finding Petitioner entitled to compensation. A subsequent decision on March 7, 2023, awarded Petitioner a lump sum payment of $157,500.00 for pain and suffering, based on a proffer agreed to by both parties. Petitioner was represented by Laura Levenberg (Muller Brazil PA), and Respondent was represented by James Vincent Lopez (U.S. Department of Justice). The public text does not detail the specific mechanism of causation or name any medical experts.
Source PDFs
USCOURTS-cofc-1_21-vv-02042