Timothy McClusky v. HHS - Influenza, Guillain-Barré syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Timothy McClusky filed a petition for vaccine injury compensation alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on August 23, 2016. The respondent conceded that McClusky's GBS was consistent with the Vaccine Injury Table for GBS following a seasonal flu vaccination and that it was caused by the vaccine.
Based on this concession and a review of the record, the Special Master found that McClusky was entitled to compensation. The case then proceeded to damages, where the parties reached a mutually agreed-upon proffer for an award.
The Special Master reviewed the proffer and found it reasonable, adopting it as the decision. The award included a lump sum payment of $204,518.52, which represented compensation for pain and suffering, lost earnings, and past unreimbursed expenses.
This amount was paid to Timothy McClusky as a competent adult.
Source PDFs
USCOURTS-cofc-1_17-vv-00841