John Harris v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Filed 2021-06-30Decided 2023-03-27Vaccine Influenza
compensated$90,000

Case summary [AI summaries can sometimes make mistakes]

John Harris filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2021. He alleged that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on September 19, 2019, and that his GBS symptoms continued for longer than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Harris's GBS or any other injury, and denied that his current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on February 22, 2023, agreeing to settle the issues and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr.

Harris was awarded a lump sum of $90,000.00, payable by check to the petitioner, as compensation for all items of damages. This amount represents a compromise of the parties' respective positions on liability and/or damages.

The case proceeded as a "Table claim" because GBS is listed on the Vaccine Injury Table for the influenza vaccine. The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the GBS onset or progression, medical tests, treatments, or expert witnesses.

The stipulation states that attorneys' fees and costs would be addressed in further proceedings.

Theory of causation

Petitioner John Harris received an influenza vaccine on September 19, 2019, and alleged he developed Guillain-Barre Syndrome (GBS) as a result, with symptoms lasting longer than six months. Respondent denied causation. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the influenza vaccine. The parties filed a joint stipulation agreeing to settle the claim. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $90,000.00 to Petitioner for all items of damages. The public text does not name petitioner's counsel (Keith Chasin, Keith Chasin P.A.), respondent's counsel (Nina Ren, U.S. Department of Justice), or detail the medical mechanism, expert testimony, or specific clinical findings. The award was made via joint stipulation, reflecting a compromise of liability and damages.

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