Ellsworth Ramsdell v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
Ellsworth Ramsdell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on October 1, 2019. The petition was filed on January 18, 2022.
Respondent conceded that Petitioner is entitled to compensation, stating that the case met the criteria for a Table injury. Specifically, Respondent agreed that GBS onset occurred within the Table timeframe of three to forty-two days after a seasonal flu vaccination, with no apparent alternative cause.
Respondent also confirmed that Petitioner timely filed his case, received the vaccine in the United States, and met the severity requirement of suffering residual effects for more than six months. A ruling on entitlement was issued on March 6, 2023, finding Petitioner entitled to compensation.
Subsequently, on August 28, 2023, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded a total of $142,028.00. This amount includes $135,000.00 for pain and suffering and $7,028.00 for past unreimbursable expenses.
Petitioner agreed with this proffered award. On October 2, 2023, the Chief Special Master issued a decision awarding damages in the total amount of $142,028.00, consisting of a lump sum payment to Petitioner.
Source PDFs
USCOURTS-cofc-1_22-vv-00057