Michael Terry v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2020)

Michael Terry filed a petition for compensation under the National Vaccine Injury Compensation Program on March 13, 2019, alleging he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on November 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Terry was entitled to compensation. The respondent's position was that Mr.

Terry suffered from GBS and met the criteria set forth in the Vaccine Injury Table (Table) and its Qualifications and Aids to Interpretation (QAI), which provided a presumption of vaccine causation. This presumption applies if GBS onset occurs between three and forty-two days after a seasonal flu vaccination, with no more likely alternative diagnosis or apparent alternative cause.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 31, 2020, finding Mr.

Terry entitled to compensation. Subsequently, on October 29, 2020, the respondent filed a proffer recommending an award of $200,000.00 for pain and suffering, which Mr.

Terry accepted. On December 2, 2020, Chief Special Master Corcoran issued a decision awarding Mr.

Terry a lump sum payment of $200,000.00 for pain and suffering. The decision was issued by Chief Special Master Brian H.

Corcoran. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Ida Nassar of the U.S. Department of Justice.