William C. Carter v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
William Carter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre syndrome (GBS) as a result of receiving an influenza vaccine on October 6, 2015. Mr.
Carter claimed the vaccine was administered in the United States, that his injury had residual effects for more than six months, and that he had no prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Mr.
Carter sustained a Table injury within the Table time frame and denied that the flu vaccine caused his GBS. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation.
The court adopted the stipulation, awarding Mr. Carter a lump sum of $196,271.63 for first-year life care expenses and pain and suffering, and an additional $134,019.65 to reimburse a lien for services rendered.
The award also included an amount sufficient to purchase an annuity contract for future life care expenses. The case proceeded as a Table claim, and the parties stipulated to the damages, resulting in a compensated outcome.
Source PDFs
USCOURTS-cofc-1_18-vv-01532