Eugene Montgomery v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2020)

Eugene Montgomery 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 administered on January 17, 2017. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Montgomery is entitled to compensation. The respondent stated that Mr.

Montgomery satisfied the criteria set forth in the Vaccine Injury Table, which affords a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause identified. The respondent also agreed that the statutory six-month sequela requirement had been satisfied.

Based on the respondent's concession and the evidence of record, the Chief Special Master found Mr. Montgomery entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent had filed a proffer indicating that Mr.

Montgomery should be awarded $280,876.18, comprised of $183,000.00 for pain and suffering, $84,916.67 for lost earnings, and $12,959.51 for past unreimbursable out-of-pocket expenses. Mr.

Montgomery agreed with this proffered award. The court awarded Mr.

Montgomery a lump sum payment of $280,876.18.