David Fultz v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2017)

David Fultz filed a petition for compensation under the National Vaccine Injury Compensation Program on July 27, 2016. He alleged that he suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccination he received on November 18, 2015.

Mr. Fultz further alleged that he experienced residual effects of his injury for more than six months and that there had been no prior award or settlement of a civil action for damages related to his condition.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Mr. Fultz's alleged injury and residual effects.

Despite this denial, the parties filed a joint stipulation on January 25, 2017, agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Under the terms of the stipulation, David Fultz was awarded $210,000.00 as a lump sum payment, payable to him by check. This amount was intended to compensate for all damages available under the Vaccine Act.

The decision was issued on June 15, 2017. Petitioner's counsel was Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent's counsel was Voris Edward Johnson of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details of the GBS, diagnostic tests performed, or treatments received. The specific mechanism of causation was not detailed in the public decision.