Elmer J. George v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2018)

Elmer J. George, as Executor of the Estate of James C.

McMurtry, filed a petition for vaccine injury compensation on October 10, 2017. The petition alleged that an influenza vaccine administered on September 18, 2009, caused Mr.

McMurtry to develop Guillain-Barré syndrome (GBS). The petitioner further claimed that Mr.

McMurtry succumbed to complications arising from GBS, and he died on November 25, 2009. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 30, 2018, conceding that the petitioner had satisfied all legal prerequisites for compensation and that the case was appropriate for compensation under the National Childhood Vaccine Injury Act.

On the same day, a Ruling on Entitlement was issued in the petitioner's favor. Subsequently, on September 10, 2018, the respondent filed a Proffer on Award of Compensation.

The court found the terms of the proffer to be reasonable and awarded a lump sum payment of $465,000.00. This amount included $215,000.00 for pain and suffering and $250,000.00 for the statutory death benefit, representing all elements of compensation to which the petitioner was entitled.