Michael J. McFall v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Michael J. McFall filed a petition for compensation under the National Vaccine Injury Compensation Program on June 10, 2019, alleging that he developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccination administered on November 22, 2016.
The case was assigned to the Special Processing Unit. On June 8, 2020, the Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating that Petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was no evidence demonstrating the condition was due to an unrelated factor.
The Respondent also agreed that Petitioner suffered residual effects for more than six months. Based on the Respondent's concession and the evidence, entitlement to compensation was granted.
Subsequently, on June 11, 2020, the Respondent filed a proffer on award of compensation, proposing an award of $103,614.46, consisting of $90,000.00 for pain and suffering, $1,268.52 for future unreimbursable medical expenses, and $12,345.94 for past out-of-pocket unreimbursable medical expenses. Petitioner agreed with this proffered award.
The Chief Special Master issued a decision awarding Petitioner the lump sum of $103,614.46.
Source PDFs
USCOURTS-cofc-1_19-vv-00850