Marc Dudash v. HHS - Influenza, Guillain-Barré syndrome (2020)

Marc Dudash filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of his September 6, 2016 receipt of the influenza vaccine. He also alleged that the flu vaccine significantly aggravated his GBS and that he experienced residual effects for more than six months.

Respondent denied that the flu vaccine caused or aggravated his GBS. However, both parties agreed to settle the issues through a stipulation.

The court adopted the stipulation as its decision, awarding Marc Dudash $40,000.00 as a lump sum payment. This amount represents compensation for all damages available under the Act.

The stipulation noted that the flu vaccine is contained in the Vaccine Injury Table, and Petitioner alleged GBS onset within the Table's time period. Respondent maintained that medical records documented viral infections as a more likely cause of GBS.

Despite these differing positions, the parties agreed to settle, and the court approved the settlement.