Frank Poleto v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Frank Poleto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on January 5, 2019. The respondent conceded that Mr.

Poleto suffered from GBS and that his case met the criteria for a Table injury, affording him a presumption of causation. The respondent's concession was based on the fact that the onset of GBS occurred within the Table's specified timeframe after the flu vaccination, and there was no more likely alternative diagnosis or apparent alternative cause.

Based on the respondent's concession and the evidence of record, the court issued a ruling on entitlement, finding Mr. Poleto entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Mr.

Poleto a lump sum payment of $159,435.78, which included $157,500.00 for pain and suffering and $1,935.78 for out-of-pocket medical costs and related expenses. This award represented all damages available under the Vaccine Act.