Huest Swilley v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)

Huest Swilley filed a petition for vaccine compensation on October 14, 2015, alleging that the influenza vaccine he received on or about October 21, 2013, caused him to develop Guillain-Barré Syndrome (GBS) with residual effects lasting more than six months. The flu vaccine is contained in the Vaccine Injury Table, meaning that causation is presumed if the injury occurred within the Table's specified timeframe.

Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Swilley's GBS or any other injury.

Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation stated that Mr.

Swilley received the flu vaccine on October 21, 2013, and alleged he suffered GBS as a result, with residual effects lasting over six months. Respondent maintained its denial of causation but agreed to the settlement.

As part of the stipulation, the court adopted the terms and awarded Mr. Swilley a lump sum payment of $85,000.00.

This amount is intended to compensate for all damages available under the National Childhood Vaccine Injury Act. The decision was entered on August 3, 2016.