David Stewart v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2022)

David Stewart, as parent and natural guardian of J.S., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2022. J.S. allegedly suffered Guillain-Barré Syndrome (GBS) caused by an influenza vaccine received on January 25, 2018.

The petition stated that J.S. received the vaccine in the United States, suffered residual effects of GBS for at least six months, and that no civil action had been filed or award received for this injury. The respondent denied that J.S. sustained a Table injury, denied that the vaccine caused J.S.'s GBS or any other injury, and denied that J.S.'s current condition was a sequela of a vaccine-related injury.

Despite the respondent's denials, the parties filed a joint stipulation for compensation on August 1, 2022. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. The award included a lump sum of $65,000.00 to purchase an annuity contract, representing compensation for all items of damages available under Section 15(a).

Judgment was to be entered in accordance with this decision. The public decision does not describe J.S.'s specific symptoms, onset, medical tests, treatments, or the mechanism of causation.

Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP, and respondent counsel was Naseem Kourosh of the U.S.

Department of Justice.