James Harkins v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2022)

James Harkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on September 17, 2019. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that the injury met the criteria set forth in the Vaccine Injury Table and its accompanying interpretations, with onset between three and forty-two days after vaccination and no apparent alternative cause. Based on this concession, a ruling on entitlement was issued finding Petitioner entitled to compensation.

Subsequently, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $100,963.39 for pain and suffering and out-of-pocket medical expenses, and an additional $19,178.63 to satisfy a State of Montana Medicaid lien. The decision awarded these amounts, totaling $120,142.02, as compensation for all damages available under the Vaccine Act.

Petitioner is described as a competent adult.