Emory Garrett v. HHS - Influenza, Guillain-Barré syndrome (2024)

Emory Garrett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on October 12, 2021. He stated that the vaccine was received in the United States, that he suffered residual effects for more than six months, and that no other action or compensation had been sought for this injury.

The case was assigned to the Special Processing Unit. On June 13, 2024, the Respondent filed a Rule 4(c) report conceding that Emory Garrett is entitled to compensation.

The Respondent agreed that the petitioner 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 if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause. Based on the Respondent's position and the evidence, the Chief Special Master found that Emory Garrett is entitled to compensation, with the damages to be determined in a subsequent ruling.