Dean Hutchens v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Dean Hutchens 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 November 22, 2019. He stated that the vaccine was given in the United States, that his injury had residual effects for more than six months, and that he had not received any prior award or settlement for this injury.

The case was assigned to the Special Processing Unit. Respondent filed an amended Rule 4(c) Report conceding that Mr.

Hutchens is entitled to compensation. Respondent agreed that the medical records supported a presumption of vaccine causation for GBS, as it is a Table injury with onset between three and forty-two days after a seasonal flu vaccination, and there was no more likely alternative diagnosis or apparent alternative cause.

Respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the severity requirement was met. Based on this concession, a ruling on entitlement was issued finding Mr.

Hutchens entitled to compensation. Subsequently, Respondent filed a proffer on award of compensation, recommending an award of $137,500.00 for pain and suffering, which Mr.

Hutchens agreed to. The Chief Special Master issued a decision awarding Mr.

Hutchens a lump sum payment of $137,500.00.