Keith Cousens v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Keith Cousens filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of his September 23, 2017 influenza vaccination. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On May 18, 2020, the Respondent conceded that Petitioner was entitled to compensation, noting that the injury met the criteria of the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, provided there is no apparent alternative cause. The Respondent also agreed that the claim met the statutory severity requirements because Petitioner experienced sequelae of his GBS for more than six months.

Consequently, a ruling on entitlement was issued on May 20, 2020, finding Petitioner entitled to compensation. Subsequently, on November 4, 2020, the Respondent filed a proffer on award of compensation, proposing an award of $139,825.98.

This amount was comprised of $122,500.00 for pain and suffering, $3,866.49 for past unreimbursable medical expenses, $995.05 for future unreimbursable medical expenses, and $12,464.44 for lost earnings. Petitioner agreed with this proffered award.

Based on the record, a decision awarding damages was issued on November 6, 2020, granting Petitioner a lump sum payment of $139,825.98.