Benjamin Gonzales v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Benjamin Gonzales 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 vaccine administered on December 9, 2016. The respondent conceded that Mr.

Gonzales was entitled to compensation, agreeing that he met the criteria set forth in the Vaccine Injury Table for GBS. The respondent further agreed that the onset of GBS occurred between three and forty-two days after the vaccination and that there was no apparent alternative cause.

The records also showed that Mr. Gonzales suffered the sequelae of his injury for more than six months after vaccination.

Based on the respondent's concession and the evidence, the court found Mr. Gonzales entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $85,637.87, consisting of $85,000.00 for pain and suffering and $637.87 for past unreimbursed expenses.

Mr. Gonzales agreed with this award.

The court issued a decision awarding Mr. Gonzales a lump sum payment of $85,637.87.