Barry S. Dezern v. HHS - Influenza, Guillain–Barré syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP) (2016)

Barry S. Dezern filed a petition on September 4, 2013, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that an influenza (flu) vaccine he received on November 2, 2010, caused him to develop Guillain-Barré syndrome (GBS) and/or Chronic Demyelinating Polyneuropathy (CIDP). The respondent denied that the flu vaccine caused the petitioner's conditions or any other injury.

Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on January 21, 2016, to settle the case. Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. The stipulation awarded a lump sum of $140,000.00 to the petitioner for all damages available under Section 15(a) of the Act.

Additionally, a lump sum of $46,883.33 was awarded, payable to both the petitioner and The North Carolina Division of Medical Assistance, to satisfy any right of subrogation, assignment, claim, or lien the State of North Carolina might have related to Medicaid payments made for Mr. Dezern's alleged vaccine-related injury.

The petitioner agreed to endorse this payment to the State of North Carolina. The total compensation awarded was $186,883.33.

Petitioner's counsel was Franklin J. Caldwell, Jr. of Maglio, Christopher & Toale.

Respondent's counsel was Claudia B. Gangi of the U.S.

Dep’t of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

The specific mechanism of causation was not detailed in the public decision.