Thomas Smith v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2017)

Thomas Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2016, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by his influenza vaccination on November 24, 2014. He claimed residual effects of his condition for more than six months and stated there had been no prior award or settlement for damages.

The respondent denied that the influenza immunization caused his GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on October 19, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Thomas Smith was awarded a lump sum of $280,000.00, representing compensation for all items of damages available under the Vaccine Act.

The clerk was directed to enter judgment accordingly. Petitioner counsel was Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA.

Respondent counsel was Jason Cockburn Bougere of the U.S. Department of Justice.