Luis Tan v. HHS - Influenza, Guillain-Barré Syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Luis Tan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 14, 2022. He also received a COVID-19 vaccine on the same day.
Mr. Tan claimed GBS as a defined Table injury or, alternatively, as a condition caused-in-fact by the flu vaccine.
He stated that he received the vaccination in the United States, experienced residual effects for more than six months, and had not filed any civil action or received prior compensation for his condition. The respondent, the Secretary of Health and Human Services, denied that Mr.
Tan sustained a GBS Table injury within the specified timeframe and denied that the flu vaccine caused his GBS or current condition. Despite these differing positions, the parties reached a joint stipulation to settle the case.
The court adopted the stipulation, awarding Mr. Tan a lump sum of $30,000.00 for all damages available under the Vaccine Act.
This amount is intended to compensate for all items of damages, and the parties agreed to submit to further proceedings for attorneys' fees and costs. The stipulation also included a release of claims related to the flu and COVID-19 vaccines, including any potential claims under the Countermeasures Injury Compensation Program (CICP).
Source PDFs
USCOURTS-cofc-1_23-vv-01566