Howard McCosh v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2016)

Filed 2016-03-24Decided 2016-05-17Vaccine Influenza
compensated$289,861

Case summary [AI summaries can sometimes make mistakes]

Howard McCosh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on January 15, 2013. He further alleged that he suffered residual effects of this injury for more than six months.

The respondent denied that the flu vaccine caused Mr. McCosh's GBS or any other injury, and denied that his current disabilities were a sequela of a vaccine-related injury.

Despite the denial, the parties filed a joint stipulation on March 24, 2016, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court.

Mr. McCosh was awarded a lump sum of $289,861.09 for first-year life care expenses, pain and suffering, and past unreimbursable expenses.

An additional amount was awarded to purchase an annuity contract. This compensation covers all items of damages available under the Vaccine Act.

The decision was entered on May 17, 2016.

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