Robert E. McCloud v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and chronic pain (2016)

Robert E. McCloud filed a petition on October 13, 2016, alleging that he suffered Guillain-Barré Syndrome (GBS) and chronic pain as a result of receiving an influenza vaccine on September 25, 2015.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or significantly aggravated petitioner's alleged injuries or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury. Despite the respondent's denial, the parties reached a joint stipulation for damages.

Special Master Thomas L. Gowen reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded Mr. McCloud a lump sum of $191,123.29, payable to petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision was entered on November 7, 2016, following the parties' agreement to forgo review. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Darryl R. Wishard of the United States Department of Justice.