David Tomala v. HHS - Influenza, Guillain-Barré Syndrome (2025)

Filed 2025-03-07Decided 2025-04-07Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

David Tomala 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 administered on October 25, 2023. He stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had no prior award or settlement.

The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records. The respondent conceded that Mr.

Tomala is entitled to compensation, finding that he satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Specifically, the respondent noted that the onset of GBS occurred within the Table-defined window of three to forty-two days after a seasonal flu vaccination, with no apparent alternative cause.

The respondent also confirmed that the petition was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met. Based on the respondent's concession and the evidence, the Chief Special Master found that Mr.

Tomala is entitled to compensation, with the case proceeding to a damages determination.

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