Dai Chen v. HHS - Influenza, Guillain-Barre Syndrome (2024)

Dai Chen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on October 6, 2020. The petition stated that the vaccine was administered in the United States, her injury lasted longer than six months, and she had not received prior compensation for this injury.

Respondent filed a Rule 4(c) report conceding that Dai Chen was entitled to compensation. Respondent agreed that she met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation for GBS if onset occurs within three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.

A ruling on entitlement was issued on February 29, 2024, finding Dai Chen entitled to compensation. Subsequently, on April 23, 2024, Respondent filed a proffer on award of compensation, indicating that Dai Chen should be awarded $100,000.00.

The proffer stated that Dai Chen agreed with this proffered award, which represents all elements of compensation to which she is entitled under Section 15(a). The Chief Special Master issued a decision awarding Dai Chen a lump sum payment of $100,000.00.