Stephen Acker v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2019)

Stephen Acker filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2017, alleging that he suffered from Guillain-Barré Syndrome (GBS) as a result of a quadrivalent influenza vaccine received on October 1, 2015. He stated that as a result of GBS, he was rendered largely bed-ridden.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 26, 2017, conceding that the petitioner was entitled to compensation. The respondent found that the evidence showed GBS following the influenza vaccine with onset within the time period specified in the revised Vaccine Injury Table, and therefore recognized that the petitioner could re-file and be afforded a presumption of causation under the revised Table.

The respondent did not contest entitlement to compensation. Based on the respondent's concession and the evidence of record, Special Master Herbrina Sanders issued a Ruling on Entitlement on September 26, 2017, finding the petitioner entitled to compensation.

Subsequently, on January 5, 2019, the respondent filed a Proffer on Award of Compensation. On March 5, 2019, Special Master Sanders issued a Decision Awarding Damages, awarding Stephen Acker a lump sum payment of $255,829.99, representing all elements of compensation to which he would be entitled under 42 U.S.C. § 300aa-15(a).

The award was to be paid in the form of a check payable to the petitioner. Petitioner was represented by Paul A.

Kinne of Gingras, Cates & Luebke, S.C., and respondent was represented by Lara A. Englund of the United States Department of Justice.