Albert Miller v. HHS - Influenza, Guillain-Barré syndrome (2023)

Filed 2023-04-20Decided 2023-05-23Vaccine Influenza
compensated$175,571

Case summary [AI summaries can sometimes make mistakes]

Albert Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on January 8, 2019. The case was filed on April 20, 2023.

Respondent conceded that Mr. Miller satisfied the criteria set forth in the Vaccine Injury Table for GBS, which provides a presumption of causation when onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.

Respondent also agreed that Mr. Miller met all statutory and jurisdictional requirements.

Based on this concession, the court issued a ruling on entitlement, finding Mr. Miller entitled to compensation.

Subsequently, a decision awarding damages was issued on May 23, 2023. The parties stipulated to an award of $125,000.00 for pain and suffering and $50,571.09 to satisfy a State of Louisiana Medicaid lien, for a total award of $175,571.09.

This award covers all damages available under Section 15(a) of the Vaccine Act.

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