Bernard Neuwirth v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2021)

Bernard Neuwirth, as Executor of the Estate of Ellen C. Neuwirth, filed a petition alleging that Ellen Neuwirth suffered a Table Injury, Guillain-Barré syndrome (GBS), as a result of her September 10, 2019 influenza vaccination, which caused her death.

The respondent conceded that the petitioner met the criteria for a Table Injury, specifically GBS, which occurred within the Table-defined window after a seasonal flu vaccination, and that there was no apparent alternative cause. The respondent further agreed that GBS was the cause of decedent’s death and that all legal prerequisites for compensation under the Act were satisfied.

A ruling on entitlement was issued on February 12, 2021, finding the petitioner entitled to compensation. Subsequently, on March 30, 2021, a decision awarding damages was issued based on a proffer from the respondent.

The parties agreed to a lump sum award of $250,000.00 for all damages available under the Act.