Michael Valese v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2019)

Michael Valese filed a petition for compensation under the National Vaccine Injury Compensation Program on December 15, 2017, alleging that he received an influenza vaccine on November 19, 2015, and subsequently developed Guillain-Barré syndrome (GBS). The case was assigned to the Special Processing Unit.

On November 27, 2018, the respondent filed a Rule 4(c) report conceding that Mr. Valese is entitled to compensation.

The respondent stated that Mr. Valese satisfied the criteria set forth in the revised Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.

The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 30, 2018, finding Mr.

Valese entitled to compensation. Subsequently, on January 16, 2019, Chief Special Master Dorsey issued a decision awarding damages.

This decision was based on a Rule 4(c) report and proffer on award of compensation filed by the respondent, which indicated Mr. Valese should be awarded $105,000.00.

The respondent represented that Mr. Valese agreed with the proffered award.

Chief Special Master Dorsey awarded Mr. Valese a lump sum payment of $105,000.00, payable by check to Michael Valese, as compensation for all damages.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert opinions relied upon.