Darrell W. Morgan v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2020)

Filed 2018-11-26Decided 2020-04-29Vaccine Influenza
compensated$86,797

Case summary [AI summaries can sometimes make mistakes]

Darrell W. Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on November 17, 2017.

The petition was filed on November 26, 2018. The respondent conceded entitlement to compensation, stating that Mr.

Morgan satisfied the criteria set forth in the Vaccine Injury Table for GBS, which affords a presumption of causation if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. A ruling on entitlement was issued on January 10, 2020, finding Mr.

Morgan entitled to compensation. Subsequently, on March 30, 2020, the respondent filed a proffer on award of compensation.

The parties agreed to an award of $86,797.25, which represents $85,000.00 for past and future pain and suffering and $1,797.25 for past unreimbursed expenses. The decision awarding damages was issued on April 29, 2020, granting the lump sum payment to Mr.

Morgan.

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