Paula Burcham v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Paula Burcham filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine she received on September 26, 2015. She stated that the symptoms of her GBS first occurred within 11 days of vaccination.
The respondent, the Secretary of Health and Human Services, filed a report conceding that Ms. Burcham is entitled to compensation.
The respondent noted that Ms. Burcham satisfied the criteria set forth in the Vaccine Injury Table, which affords her a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.
Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Burcham entitled to compensation.
Subsequently, the respondent filed a proffer on award of compensation, indicating that Ms. Burcham should be awarded $140,000.00, which Ms.
Burcham agreed to. The court awarded Ms.
Burcham a lump sum payment of $140,000.00.
Source PDFs
USCOURTS-cofc-1_17-vv-00720