Carl Forgey v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2018)

Carl Forgey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 7, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding entitlement to compensation.

The respondent concluded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was no preponderance of evidence that the GBS was due to an unrelated factor. The respondent also determined that the claim met the statutory severity requirements because the sequelae of GBS lasted for more than six months.

Based on the respondent's concession and the evidence of record, the court found petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $150,000.00, which petitioner agreed with.

The court awarded Carl Forgey a lump sum payment of $150,000.00.