Thomas Tiver, Jr. v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Thomas Tiver, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 15, 2018. He stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Tiver was entitled to compensation.

The respondent agreed that Mr. Tiver satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, and that he met all legal prerequisites for compensation.

Subsequently, a ruling on entitlement was issued finding Mr. Tiver entitled to compensation.

The parties then reached a stipulation for damages. The respondent proffered an award of $156,673.56, which included $147,500.00 for past pain and suffering, $83.56 for past unreimbursable expenses, and $9,090.00 for past lost wages.

Mr. Tiver agreed with this proffered award.

The Chief Special Master issued a decision awarding Mr. Tiver the lump sum of $156,673.56.