Lewis Von Almen v. HHS - Influenza, Guillain-Barré syndrome (2024)

Lewis Von Almen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 12, 2020. He also received a pneumococcal vaccine on the same day, but only the flu vaccine is covered by the program.

The case was assigned to the Office of Special Masters. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Von Almen is entitled to compensation. The respondent agreed that Mr.

Von Almen satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which provide a presumption of causation for GBS following a flu vaccine, provided there is no more likely alternative diagnosis or apparent alternative cause. Based on the respondent's concession and the evidence, a Ruling on Entitlement was issued finding Mr.

Von Almen entitled to compensation. Subsequently, the parties submitted a Proffer on Award of Compensation.

The respondent recommended, and Mr. Von Almen agreed, to an award of a lump sum of $115,000.00 for pain and suffering, representing all damages available under the program.

The Chief Special Master issued a Decision on Damages awarding this amount.