Mark Wivel v. HHS - Influenza, Guillain-Barré Syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Mark Wivel filed a petition on December 11, 2024, alleging that he developed Guillain-Barre syndrome after receiving an influenza vaccine on December 20, 2021. He alleged a Table GBS claim with onset within the Table period and residual effects lasting more than six months.
Respondent conceded entitlement in a Rule 4(c) report, stating that Mr. Wivel satisfied the Vaccine Table and Qualifications and Aids to Interpretation for GBS after seasonal influenza vaccination, including onset between three and forty-two days and no apparent alternative cause.
Chief Special Master Corcoran granted entitlement on September 29, 2025. Damages were awarded on December 5, 2025.
Mr. Wivel received $190,000.00 for pain and suffering and $2,332.82 for past unreimbursable expenses, for a total award of $192,332.82, payable as a lump sum through counsel's IOLTA account.
A later fee decision concerned attorney fees and costs only. Mr.
Wivel was represented by Andrew Donald Downing of Downing, Allison & Jorgenson in Phoenix, Arizona.
Theory of causation
Influenza vaccine on December 20, 2021 causing Table Guillain-Barre syndrome. ENTITLEMENT CONCEDED; COMPENSATED. Rule 4(c) concession: onset met Table period of 3-42 days after seasonal flu vaccine and no apparent alternative cause; residual effects more than six months. Petition filed December 11, 2024; entitlement September 29, 2025; damages December 5, 2025 by Chief SM Brian H. Corcoran. Award $192,332.82 total: $190,000 pain and suffering plus $2,332.82 unreimbursable expenses. Later fee award was attorney compensation only. Attorney: Andrew Donald Downing, Downing, Allison & Jorgenson.
Source PDFs
USCOURTS-cofc-1_24-vv-02034