Gordon Ernst v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)

Gordon Ernst filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on November 23, 2016. The respondent, the Secretary of Health and Human Services, conceded that petitioner was entitled to compensation.

The respondent's medical personnel concluded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period, and there was not a preponderance of the medical evidence that the GBS was due to an unrelated factor. The respondent also stated that the claim met the statutory severity requirement as petitioner's medical records showed sequelae of GBS for more than six months.

Based on the respondent's concession and the evidence of record, the Chief Special Master found petitioner entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation, agreeing to a lump sum payment of $100,000.00 to Gordon Ernst, representing all elements of compensation available under the Act.

The decision awarding damages was issued on October 11, 2019.