Opinion

Wilcher v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Jan 6, 2026
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 25-0992V

GARY WILCHER, Chief Special Master Corcoran

Petitioner, Filed: December 5, 2025

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

RULING ON ENTITLEMENT1

On June 13, 2025, Gary Wilcher filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the

“Vaccine Act”). Petitioner alleges that he suffered Guillain-Barré Syndrome (“GBS”) as a

result of an influenza (“flu”) vaccine administered to him on December 4, 2023. Petition

at 1. Petitioner further alleges that he suffered the residual effects of his injury for more

than six months. Petition at 11-12. The case was assigned to the Special Processing Unit

of the Office of Special Masters.

On December 4, 2025, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1

Because this Ruling 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 Ruling will be available to anyone with access to the internet. In accordance

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that

the identified material fits within this definition, I will redact such material from public access.

2

National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §

300aa (2018).

1. Specifically, Respondent states that “petitioner suffered GBS following a flu vaccine

within the Table time period, and there is not a preponderance of the medical evidence

that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 4-5.

Respondent further agrees that the claim also meets the statutory severity requirements

because Petitioner experienced sequelae of his GBS for more than six months, and that

based on the record as it now stands, Petitioner has satisfied all legal prerequisites for

compensation under the Act. Id. at 5.

In view of Respondent’s position and the evidence of record, I find that

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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