Richard Stroessner v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)
Case summary [AI summaries can sometimes make mistakes]
Richard Stroessner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on October 19, 2015. The petition stated that his GBS occurred within the timeframe specified on the Vaccine Injury Table.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Stroessner was entitled to compensation.
The respondent agreed that the petitioner met the criteria for a Table injury, specifically GBS following a seasonal flu vaccination within the specified onset window and with no apparent alternative cause. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Mr.
Stroessner eligible for compensation. Subsequently, the respondent filed a proffer on award of compensation.
The parties agreed to a total award of $223,662.50. This amount included $175,000.00 for past and future pain and suffering, $3,426.50 for past unreimbursable expenses, and $45,236.00 for future life care plan expenses for the first year.
Additionally, a lump sum was awarded to purchase an annuity contract for future ancillary services, equipment, medication, transportation, and attendant care expenses. The decision awarding damages was issued on May 23, 2022.
Source PDFs
USCOURTS-cofc-1_18-vv-00037