Calvin Riley v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

Calvin Riley filed a petition for compensation under the National Vaccine Injury Compensation Program on December 9, 2020, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza (flu) vaccine he received on December 21, 2017. Mr.

Riley alleged that he received the vaccination in the United States, that his symptoms persisted for more than six months, and that no action had been filed for his vaccine-related injury. The case was assigned to the Special Processing Unit.

On January 24, 2022, the respondent filed a Rule 4(c) report conceding that Mr. Riley was entitled to compensation.

The respondent found that Mr. Riley satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.

The respondent also agreed that the scope of damages should be limited to Mr. Riley's GBS and its related sequelae.

On February 7, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr.

Riley entitled to compensation. Subsequently, on July 1, 2022, the respondent filed a proffer on award of compensation, recommending an award of $72,500.00 for pain and suffering, which Mr.

Riley agreed to. The respondent represented that this amount represented all elements of compensation to which Mr.

Riley was entitled under 42 U.S.C. § 300aa-15(a). On August 8, 2022, Chief Special Master Corcoran issued a Decision awarding Mr.

Riley a lump sum payment of $72,500.00, in the form of a check payable to Mr. Riley.

Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Nancy Tinch of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses.