Dave Scruggs v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2021)

Dave Scruggs filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine he received on September 26, 2017. Mr.

Scruggs stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that he had not received any prior award or settlement for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr.

Scruggs sustained a GBS Table injury within the specified timeframe and denied that the flu vaccine caused or aggravated his GBS. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation, awarding Mr. Scruggs a lump sum of $70,000.00.

This amount represents compensation for all items of damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

The stipulation was not an admission by the United States that the flu vaccine caused Mr. Scruggs' alleged GBS injury.