Frank Burke v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

Filed 2021-07-23Decided 2022-12-07Vaccine Influenza
compensated$206,287

Case summary [AI summaries can sometimes make mistakes]

Frank Burke 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 he received on September 29, 2019. The respondent conceded that Mr.

Burke is entitled to compensation, as his case met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination, with no apparent alternative cause. The ruling on entitlement was issued on July 8, 2022.

Subsequently, on October 20, 2022, the respondent filed a proffer on award of compensation, agreeing to an award of $206,287.67, which included $200,000.00 for pain and suffering and $6,287.67 for past unreimbursable expenses. Mr.

Burke, who is a competent adult, agreed with this proffered award. The decision awarding damages was issued on December 7, 2022, granting the lump sum payment to Mr.

Burke.

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