Warren Lathan v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Warren Lathan filed a petition for compensation under the National Vaccine Injury Compensation Program on June 5, 2019, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 8, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 15, 2020, conceding that Mr.

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

Lathan satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on June 17, 2020, finding that Petitioner was entitled to compensation based on the respondent's concession. Subsequently, on September 12, 2023, both parties filed a stipulation to settle the case.

While maintaining their positions on causation, they agreed that the issues could be resolved with a decision awarding compensation. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Chief Special Master Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Mr.

Lathan was awarded a lump sum of $200,000.00, payable to him by check, representing compensation for all damages available under Section 15(a) of the Act. The decision awarding damages was issued on October 10, 2023.

Petitioner was represented by Steven K. Jambois of Kralovec, Jambois and Schwartz, and respondent was represented by Ida Nassar and later Nina Ren of the U.S.

Department of Justice.