Paul M. Kestel v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

Paul M. Kestel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 2, 2020.

The petition stated that the vaccine was administered in the United States, he suffered residual effects for more than six months, and he had not received compensation or filed a civil action for these injuries. Respondent conceded that Petitioner is entitled to compensation, agreeing that he satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation.

A ruling on entitlement was issued on October 26, 2021, finding Petitioner entitled to compensation. Subsequently, on February 24, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $186,901.76, which Petitioner agreed with.

The decision awarding damages, issued on March 30, 2022, awarded Petitioner a lump sum payment of $186,901.76, comprising $165,000.00 for pain and suffering and $21,901.76 for lost wages. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.