Wade Hutton v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2020)

On January 16, 2019, Wade Hutton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 16, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Hutton was entitled to compensation. The respondent agreed that Mr.

Hutton's condition met the criteria set forth in the Vaccine Injury Table for GBS, which affords a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. On February 28, 2020, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Mr. Hutton entitled to compensation.

Subsequently, on July 23, 2020, the respondent filed a proffer on the award of compensation. Chief Special Master Corcoran issued a decision on August 25, 2020, awarding Mr.

Hutton a lump sum payment of $96,250.00 for actual and projected pain and suffering, with projected pain and suffering reduced to net present value. Petitioner counsel was Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent counsel was Sarah Christina Duncan of the U.S.

Department of Justice.