Monty Lowas v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)

On December 14, 2015, Monty Lowas filed a petition for compensation under the National Vaccine Injury Compensation Program. Mr.

Lowas alleged that he developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination he received on October 9, 2014. The petition stated that the vaccination was administered within the United States and that there had been no prior award or settlement of a civil action for damages on his behalf.

The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's GBS or any other injury or his current condition. Despite the respondent's denial, the parties filed a joint stipulation on June 20, 2016, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Under the terms of the stipulation, Mr.

Lowas was awarded a lump sum of $200,000.00, payable to him by check, as compensation for all items of damages available under the Vaccine Act. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

The attorneys involved were Amber Wilson of Maglio Christopher and Toale, PA, for the petitioner, and Justine Walters of the U.S. Department of Justice, for the respondent.