Bernard Zyk v. HHS - Influenza, Guillain-Barré Syndrome (2015)

Bernard Zyk filed a petition on November 1, 2013, alleging that an influenza vaccine he received on or about November 18, 2011, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's GBS or any other injury, and also denied that petitioner's current disabilities were the result of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on May 6, 2015, agreeing to a settlement. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $175,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Separately, attorneys' fees and costs totaling $23,250.00 were awarded.

This amount included $358.19 for costs incurred by the petitioner. The award was to be paid via check, with the $175,000.00 payable to Bernard Zyk, and the $23,250.00 for fees and costs payable jointly to Bernard Zyk and his attorney, Clifford J.

Shoemaker of Shoemaker and Associates. The decision was expedited due to the parties jointly renouncing their right to seek review.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.