Robert E. Wonderling v. HHS - Influenza, Guillain-Barré Syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
On October 13, 2022, Kelly S. Carpino and Robbin L.
Reinard, as personal representatives of the estate of Robert E. Wonderling, filed a petition for compensation under the National Vaccine Injury Compensation Program.
They alleged that the decedent received an influenza vaccine on October 18, 2019, and subsequently suffered from Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent denied that the decedent suffered from GBS, that the vaccine caused any injury, or that the decedent's death was a sequela of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation for settlement. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. The decision awarded the estate a lump sum of $111,000.00, payable to Petitioners Kelly S.
Carpino and Robbin L. Reinard as legal representatives of the Estate of Robert E.
Wonderling. This amount was designated as compensation for all items of damages available under Section 15(a) of the Vaccine Act.
The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for influenza vaccines. The stipulation also addressed future proceedings for attorneys' fees and costs.
The parties agreed that the stipulation represented a full and complete negotiated settlement, and it was not to be construed as an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury or death. The public decision was issued by Chief Special Master Brian H.
Corcoran on April 2, 2024, and the docket text indicates service on the parties was made on May 6, 2024.
Theory of causation
Petitioners alleged that Robert E. Wonderling received an influenza vaccine on October 18, 2019, and subsequently suffered Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. Respondent denied the alleged injury and causation. The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for influenza vaccines. The parties reached a joint stipulation for settlement, agreeing to an award of $111,000.00 for all damages. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding the compensation on April 2, 2024. Petitioners were represented by Jeffrey S. Pop, and Respondent was represented by Jennifer A. Shah. The stipulation stated that the award represented a compromise of the parties' respective positions on liability and damages and was not an admission of causation.