Joseph Behlke v. HHS - Influenza, Guillain-Barré syndrome (2022)
Case summary [AI summaries can sometimes make mistakes]
Joseph Behlke 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 October 24, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr.
Behlke's condition qualified as a Table injury, affording him a presumption of vaccine causation. The respondent also agreed that the petition was timely filed, the vaccine was administered in the United States, and Mr.
Behlke met the statutory severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master ruled that Mr.
Behlke was entitled to compensation. Subsequently, a decision awarding damages was issued.
Mr. Behlke was awarded a lump sum of $93,140.10, which included $90,000.00 for pain and suffering and $3,140.10 for unreimbursed expenses.
This amount was intended to cover all damages available under the program.
Source PDFs
USCOURTS-cofc-1_21-vv-01287