David K. McQuinn v. HHS - Influenza, Guillain-Barré syndrome (2023)
Case summary [AI summaries can sometimes make mistakes]
David K. McQuinn 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 administered on November 27, 2018.
The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Mr.
McQuinn satisfied the criteria for a Table injury, including the presumption of causation for GBS following a flu vaccination within the specified timeframe, and that there was no apparent alternative cause. Based on this concession and the evidence, the court issued a ruling on entitlement, finding Mr.
McQuinn entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation.
Respondent proposed an award of $115,000.00 for pain and suffering and $20,151.00 for reimbursement of a Medicaid lien, which Mr. McQuinn agreed to.
The court accepted the proffer and awarded a total of $135,151.00 in lump sum payments. The decision was issued on May 8, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-00829