Jose Fernandez v. HHS - Influenza, Guillain-Barre Syndrome (2024)

Jose Fernandez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 23, 2019. The petition stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had not received any settlement or damages.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Fernandez is entitled to compensation.

The respondent concluded that Mr. Fernandez satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a flu vaccine.

A ruling on entitlement was issued on August 20, 2024, finding Mr. Fernandez entitled to compensation.

Subsequently, on August 19, 2024, the respondent filed a proffer indicating that Mr. Fernandez should be awarded $140,000.00, an amount with which Mr.

Fernandez agreed. Based on the record, the court awarded Mr.

Fernandez a lump sum payment of $140,000.00, representing compensation for all damages available under Section 15(a) of the Vaccine Act.