James Tyree v. HHS - Influenza, Guillain-Barre Syndrome (2023)

James Tyree filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on October 3, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr.

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

Tyree met the criteria set forth in the Vaccine Injury Table, including the presumption of causation for GBS occurring within the specified timeframe after a seasonal flu vaccination, and that there was no apparent alternative cause. A ruling on entitlement was issued on September 13, 2023, finding Mr.

Tyree entitled to compensation. Subsequently, on November 3, 2023, the parties submitted a proffer on the award of compensation.

The court awarded Mr. Tyree a lump sum payment of $200,000.00 for pain and suffering, representing all damages available under the program.

This award was made in the form of a check payable to Mr. Tyree.