Richard Pastella v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Richard Pastella filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2017, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on January 2, 2015. Mr.

Pastella alleged the vaccine was administered in the United States, his injuries lasted more than six months, and he had not received prior compensation. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS or any other injury.

Despite the denial, on September 19, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Mr. Pastella was awarded a lump sum of $115,000.00, payable to him, as compensation for all items of damages.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Julia Marter Collison of the U.S.

Department of Justice.