Charles Brandt v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Charles Brandt, a 76-year-old man, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2019. He alleged that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 30, 2017.
The respondent filed a Rule 4(c) report conceding that Mr. Brandt was entitled to compensation.
The respondent stated that Mr. Brandt met the criteria for a Table injury, specifically GBS, with onset within the specified timeframe after a seasonal flu vaccination and no apparent alternative cause.
The medical records also indicated that his GBS had residual effects lasting more than six months. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on May 22, 2020, finding Mr. Brandt entitled to compensation.
Subsequently, on February 17, 2021, the respondent filed a proffer on award of compensation. The proffer indicated that Mr.
Brandt should be awarded $178,969.98 for all damages, which included $165,000.00 for pain and suffering and $13,969.98 for out-of-pocket medical and related expenses. The respondent represented that Mr.
Brandt agreed with this proffered award. Chief Special Master Corcoran issued a decision on March 19, 2021, awarding the proffered amount as a lump sum payment.
Petitioner was represented by Theodore J. Hong of Maglio Christopher & Toale, PA, and respondent was represented by Adriana Ruth Teitel of the U.S.
Department of Justice.
Theory of causation
Petitioner Charles Brandt, age 76, received an influenza vaccine on September 30, 2017, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded entitlement, stating that Petitioner met the criteria for a Table injury under 42 C.F.R. § 100.3(a)(XIV)(D) and (c)(15), with onset of GBS between three and forty-two days after vaccination and no apparent alternative cause. Medical records also showed residual effects of GBS lasting more than six months, satisfying 42 U.S.C. § 300aa-13(a)(1)(B) and § 300aa-11(c)(1)(D)(I). A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on May 22, 2020. A subsequent decision on March 19, 2021, awarded Petitioner a lump sum of $178,969.98, comprising $165,000.00 for pain and suffering and $13,969.98 for out-of-pocket medical expenses, based on a proffer agreed to by Petitioner. Petitioner was represented by Theodore J. Hong, and Respondent by Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_19-vv-00536