David Griswold v. HHS - Influenza, Guillain-Barré syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
David Griswold filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) caused by the influenza vaccine he received on October 31, 2016. He also alleged that he suffered residual effects of his GBS for more than six months.
The respondent initially contested entitlement, arguing that Mr. Griswold failed to meet the six-month severity requirement.
However, the respondent acknowledged that Mr. Griswold's claim met the GBS Table criteria and other requirements for compensation.
The court found that Mr. Griswold did suffer residual effects of GBS for more than six months, satisfying the severity requirement and other conditions for entitlement.
The case proceeded to a damages decision, where the parties stipulated to an award. The court awarded Mr.
Griswold $50,000.00 for pain and suffering. The decision noted that while GBS was listed as an active problem until January 2019, the focus of treatment in later years shifted to other co-morbidities like knee pain, hernia, and cardiac issues, suggesting the residual GBS symptoms were not severe enough to prioritize over these other conditions.
Source PDFs
USCOURTS-cofc-1_19-vv-01674