Shawn Gessner v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2019)

On September 5, 2018, Stephanie Bennett, on behalf of the estate of Shawn Gessner, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Mr.

Gessner received an influenza vaccine on September 26, 2017, and subsequently developed Guillain-Barré syndrome (GBS). The petition further alleged that the GBS led to cardiac arrest and Mr.

Gessner's death on November 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 26, 2019, conceding that Mr.

Gessner suffered a Table injury of GBS following the flu vaccine within the Table time period and that compensation was appropriate. The respondent concluded that petitioner had satisfied all legal prerequisites for compensation.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 26, 2019, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 17, 2019, the parties filed a joint stipulation on damages and attorney's fees.

Chief Special Master Brian H. Corcoran reviewed and adopted the stipulation as the decision of the Court.

The stipulation stated that Mr. Gessner received a flu vaccine on September 26, 2017, sustained the first symptom or manifestation of GBS within the Table time period, and later died as a result of his GBS.

The parties agreed that there was no preponderance of the evidence demonstrating that Mr. Gessner's GBS and subsequent death were due to a factor unrelated to the vaccine.

They also represented that there had been no prior award or settlement of a civil action for damages. Pursuant to the stipulation, the Court awarded a total of $471,765.36.

This amount included a lump sum of $451,765.36, consisting of $195,000.00 for pain and suffering, $6,765.36 for past unreimbursed expenses, and the $250,000.00 statutory death benefit. Additionally, $20,000.00 was awarded for petitioner's attorneys' fees and costs.

The lump sum payment was to be made to Stephanie Bennett as Special Administrator of the estate of Shawn Gessner, and the attorneys' fees were to be paid jointly to Ms. Bennett and her counsel, Daniel A.

Singer. The public decision was issued on December 23, 2019.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The mechanism of injury is not detailed beyond its classification as a Table injury.