Gregory Mills v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Gregory Mills, a 60-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 23, 2022, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on November 23, 2020. Mr.

Mills stated that the vaccine was administered in the United States, his injury lasted longer than six months, and he had not received prior compensation for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 8, 2022, conceding that Mr.

Mills was entitled to compensation. The respondent agreed that Mr.

Mills met the criteria for a Table injury, specifically GBS, which carries a presumption of causation if the onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. The respondent also confirmed that the petition was timely filed, the vaccine was received in the United States, and the injury met the statutory severity requirement of lasting more than six months.

On December 9, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Mr.

Mills entitled to compensation. Subsequently, on September 6, 2023, the respondent filed a proffer on the award of compensation, proposing a total award of $276,572.29, which Mr.

Mills agreed to. This amount was comprised of $210,000.00 for pain and suffering, $1,736.75 for past unreimbursable expenses, and $64,835.54 for past lost wages.

On October 12, 2023, Chief Special Master Brian H. Corcoran issued a decision awarding Mr.

Mills the stipulated lump sum of $276,572.29, payable by check to Mr. Mills.

Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Parisa Tabassian.