Jason R. Kinsey v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2022)

Filed 2021-11-04Decided 2022-12-20Vaccine Influenza
compensated$189,787

Case summary [AI summaries can sometimes make mistakes]

Jason R. Kinsey 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 December 3, 2019.

The petition stated that the vaccination was administered in the United States, his symptoms persisted for more than six months, and no other action had been filed or compensation received for his injury. Respondent filed a Rule 4(c) report conceding that Mr.

Kinsey is entitled to compensation, as he met the criteria for a Table injury with a presumption of causation for GBS following a seasonal flu vaccination, with onset between three and forty-two days and no apparent alternative cause. The respondent also agreed that Mr.

Kinsey experienced more than six months of residual effects. A ruling on entitlement was issued on July 7, 2022, finding Mr.

Kinsey entitled to compensation. Subsequently, on November 16, 2022, Respondent filed a proffer on award of compensation, proposing a total award of $189,787.47, which included $168,750.00 for pain and suffering, $9,896.18 for past unreimbursable expenses, and $11,141.29 for past lost wages.

Mr. Kinsey agreed with the proffered award.

The Chief Special Master issued a decision awarding Mr. Kinsey the lump sum of $189,787.47.

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