John Southworth v. HHS - Influenza, Guillain-Barré syndrome (2024)

Filed 2023-10-02Decided 2024-09-30Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

On October 2, 2023, John Southworth filed a petition seeking 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 November 10, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 15, 2024, conceding that Mr.

Southworth is entitled to compensation. The respondent agreed that Mr.

Southworth suffered GBS following the flu vaccine within the timeframe specified by the Vaccine Injury Table and that there was insufficient evidence to prove the GBS was due to an unrelated factor. The petition also met the statutory severity requirement, as Mr.

Southworth experienced sequelae of GBS for more than six months. On July 17, 2024, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding Mr. Southworth entitled to compensation.

Subsequently, on August 29, 2024, the parties filed a Proffer on Award of Compensation. The proffer stated that Mr.

Southworth agreed with the proposed award. Chief Special Master Corcoran issued a Decision on Damages on September 30, 2024, awarding Mr.

Southworth a lump sum of $100,000.00 for all damages, payable by check to the petitioner. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and the respondent was represented by Jay Travis Williamson of the U.S. Department of Justice.

Theory of causation

John Southworth filed a petition alleging Guillain-Barré syndrome (GBS) following an influenza vaccine administered on November 10, 2020. GBS is listed on the Vaccine Injury Table for the flu vaccine. The respondent conceded entitlement, agreeing that the GBS occurred within the Table's timeframe and was not due to an unrelated factor, and that the statutory severity requirement was met due to sequelae lasting over six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 17, 2024, finding Petitioner entitled to compensation. A Proffer on Award of Compensation was filed on August 29, 2024, stipulating an award of $100,000.00 for all damages, which Chief Special Master Corcoran approved in a Decision on Damages issued September 30, 2024. Petitioner was represented by Leah VaSahnja Durant and Respondent by J. Travis Williamson.

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