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