James T. Phelps v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2020)

On November 20, 2018, Kathey Phelps, as Administrator of the Estate of James T. Phelps, Deceased, filed a petition for compensation under the National Vaccine Injury Compensation Program.

The petition alleged that James T. Phelps received an influenza vaccination on October 4, 2017, and subsequently developed Guillain-Barre Syndrome (GBS), which caused residual effects for more than six months and contributed to his death on July 11, 2018.

The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused Mr. Phelps's GBS or contributed to his death.

Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, a lump sum award of $300,000.00 was granted, payable to Kathey Phelps as the legal representative of the Estate of James T.

Phelps. This amount was intended to compensate for all damages available under the Vaccine Act.

The decision was issued on June 29, 2020. Petitioner was represented by William E.

Cochran, Jr. of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.