Alfred J. Gipson v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2019)

Patsy Gipson, as Trustee of Alfred J. Gipson, Deceased, filed a petition on November 1, 2017, on behalf of her husband, Alfred Gipson, seeking compensation under the National Vaccine Injury Compensation Program.

The petition alleged that Mr. Gipson suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on November 5, 2015, and that his death on January 1, 2017, was a sequela of that injury.

The petition was later amended on September 5, 2018, to seek compensation only for the GBS injury itself, removing the claim for compensation related to Mr. Gipson's death.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 24, 2018, in which they acknowledged that the petitioner's claim was compensable as a Table injury under the Act. The respondent stated that their review of the petition and accompanying documents, as well as relevant medical records, led to the conclusion that the petitioner satisfied the criteria set forth in the Table.

Specifically, the respondent conceded that the evidence showed Mr. Gipson suffered from GBS as a result of the flu vaccine and that the onset occurred within the appropriate timeframe.

Based on the respondent's concession and a review of the record, Special Master Brian H. Corcoran found that the petitioner was entitled to compensation for an injury that was caused-in-fact by a covered vaccine.

A separate order for damages was to be issued. Timothy J.

Lessman of Knutson & Casey Law Firm represented the petitioner, and Lisa A. Watts of the U.S.

Department of Justice represented the respondent. The ruling was issued on October 1, 2018.

Update: a decision awarding damages filed 2019-03-29 resolved the case for $176,288.