Charles Hess v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2022)

Charles Hess, a 76-year-old man, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2021. He alleged that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on September 21, 2018.

Mr. Hess further alleged that he received the vaccine in the United States, suffered residual effects or complications of his illness for more than six months, and had not received compensation or filed a civil action for his vaccine-related injuries.

The case was assigned to the Special Processing Unit of the Office of Special Masters. On January 6, 2022, the respondent filed a Rule 4(c) report conceding that Mr.

Hess was entitled to compensation. The respondent agreed that Mr.

Hess satisfied the criteria set forth in the Vaccine Injury Table for GBS following a flu vaccine. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on January 10, 2022, finding Mr. Hess entitled to compensation.

Subsequently, on March 10, 2022, the respondent filed a proffer on the award of compensation, indicating that Mr. Hess should be awarded $95,000.00, which Mr.

Hess agreed to. On April 11, 2022, Chief Special Master Corcoran issued a decision awarding damages.

The decision awarded Mr. Hess a lump sum payment of $95,000.00, representing past pain and suffering, in the form of a check payable to him.

This amount represented all damages available under Section 15(a) of the Act. Petitioner was represented by Timothy James Lessman of the Knutson & Casey Law Firm, and respondent was represented by Joseph Adam Lewis of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.