Matthew J. Miller v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
Matthew J. Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) caused by an influenza vaccine he received on October 7, 2020.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Miller was entitled to compensation.
The respondent agreed that Mr. Miller met the criteria set forth in the Vaccine Injury Table for GBS, which affords a presumption of causation if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.
On September 15, 2022, a ruling on entitlement was issued, finding Mr. Miller entitled to compensation.
Subsequently, on March 3, 2023, the respondent filed a proffer on award of compensation, recommending an award of $79,898.22. This amount was comprised of $72,500.00 for pain and suffering, $3,323.42 for past unreimbursable expenses, and $4,074.80 for lost earnings.
Mr. Miller, who is a competent adult, agreed with the proffered award.
The Chief Special Master issued a decision awarding Mr. Miller the lump sum of $79,898.22.
Source PDFs
USCOURTS-cofc-1_22-vv-00190