John McLoughlin v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2019)

On October 10, 2017, Sean McLoughlin, as executor of the estate of John McLoughlin, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccine administered on October 24, 2014, caused Mr.

McLoughlin to develop Guillain-Barré syndrome (GBS) and that he experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.

McLoughlin's alleged GBS or any other injury. Despite this denial, the parties filed a joint stipulation for award on September 3, 2019.

Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $110,000.00, payable by check to Petitioner as the legal representative of the estate of John McLoughlin, as compensation for all damages available under the program.

Judgment was to be entered in accordance with the terms of the stipulation, with the Clerk of Court to enter judgment unless a motion for review was filed. Petitioner was represented by Renee Gentry of the Vaccine Injury Clinic, George Washington University Law School, and Respondent was represented by Alexis Babcock of the United States Department of Justice.

The decision was posted on the United States Court of Federal Claims website.