James A. Gustafson v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

James A. Gustafson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) caused-in-fact by his influenza vaccine administered on November 17, 2013.

He further alleged that the vaccination occurred in the United States and that he suffered the sequelae of his injury for more than six months. Respondent denied that the flu vaccine caused petitioner's GBS or any other injury.

Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation, awarding a lump sum of $509,552.31 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses.

Additionally, an amount sufficient to purchase an annuity contract for future expenses was awarded. The stipulation noted that the flu vaccine is contained in the Vaccine Injury Table, but the parties proceeded on an off-Table theory of causation.

The case was settled and compensated based on the joint stipulation.