Patrick McAleese v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2018)

Patrick McAleese filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2016, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on December 23, 2013. The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation.

In a ruling on entitlement issued on August 1, 2017, Chief Special Master Nora Beth Dorsey found that the petitioner was entitled to compensation. The respondent stated that the petitioner satisfied the criteria set forth in the revised vaccine injury table and that the onset of GBS occurred within the specified time period.

The respondent agreed not to contest entitlement, recognizing that the petitioner could re-file and be afforded a presumption of causation under the revised table. Subsequently, on July 25, 2018, the respondent filed a proffer on award of compensation.

The parties agreed to a total award of $839,282.93. This amount included compensation for life care expenses expected to be incurred during the first year after judgment ($17,375.32), lost earnings ($555,698.46), pain and suffering ($250,000.00), and past unreimbursable expenses ($16,209.15).

The decision awarding damages was issued on October 22, 2018, by Chief Special Master Nora Beth Dorsey. The award also included an amount sufficient to purchase an annuity contract for future life care items, with specific growth rates applied to non-medical (4%) and medical (5%) items.

The annuity payments were to be made directly to Patrick D. McAleese as long as he was alive at the time a particular payment was due.

Petitioner was represented by Thomas K. Brown of Brown Law Firm, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by Mr.

McAleese.