Robert Malwitz v. HHS - Influenza, Guillain-Barre syndrome (2019)

Robert Malwitz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine and a pneumococcal conjugate vaccine administered on September 14, 2016. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, stating that Mr.

Malwitz satisfied the criteria for a Table injury. Specifically, the respondent noted that the onset of GBS occurred within the Table-defined window following a seasonal flu vaccination, and there was no apparent alternative cause.

A ruling on entitlement was issued on June 21, 2018, finding Mr. Malwitz entitled to compensation.

Subsequently, on December 10, 2018, the parties submitted a proffer on award of compensation. The respondent recommended, and Mr.

Malwitz agreed, that he should be awarded a lump sum payment of $102,752.51. This amount was designated to cover $100,000.00 for past and future pain and suffering, and $2,752.51 for past unreimbursed expenses.

The decision awarding damages was issued on January 17, 2019, granting the lump sum payment to Robert Malwitz.