Claudie Lee Southern v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)
Case summary [AI summaries can sometimes make mistakes]
Claudie Lee Southern filed a petition for compensation under the National Vaccine Injury Compensation Program on January 24, 2018, alleging she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 20, 2016. The case was assigned to the Special Processing Unit.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 29, 2019, stating that he did not contest that petitioner was entitled to compensation. The respondent specifically noted that petitioner satisfied the criteria set forth in the revised Vaccine Injury Table and the Qualification and Aids to Interpretation, which afford a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause.
Based on the respondent's position and the evidence of record, the Chief Special Master found that petitioner is entitled to compensation. The decision was filed on August 7, 2019, and entitlement was granted pending a damages award.
Source PDFs
USCOURTS-cofc-1_18-vv-00116