Over the past few years, we have represented several individuals who have been diagnosed with Guillain-Barre Syndrome (GBS) after getting a flu shot. GBS is a rare but potentially serious complication of influenza immunization that currently has no known cure. There are also several variants of GBS that have been linked to the flu shot, and each of these variants has its own unique set of symptoms, risks and potential outcomes.
Guillain Barre Flu Shot Claims: Seeking Financial Compensation for GBS
If you are here, it is probably because you have questions about filing a Guillain Barre flu shot claim. Individuals who have been diagnosed with GBS following a flu shot, and families who have lost loved ones to Guillain Barre, are often entitled to financial compensation under the National Vaccine Injury Compensation Program (VICP). The VICP is a federal government program that has paid more than $4.2 billion in compensation to individuals and families affected by vaccine-related illnesses and injuries.
Qualifications for Filing a Guillain Barre Flu Shot Claim
There are a handful of qualifications for filing a claim under the VICP. However, individuals who have been diagnosed with GBS and families who have lost loved ones to GBS following a flu shot will meet these qualifications in most cases. The qualifications for filing a Guillain Barre flu shot claim under the VICP are as follows:
- Initial symptoms must manifest within three to 42 days following immunization against influenza; and,
- The person filing a claim must be a flu shot recipient, a parent or legal guardian of a flu shot recipient, or the personal representative of someone who died from GBS after receiving a flu shot.
Unlike filing a traditional lawsuit in court, filing a VICP claim does not require proof of negligence. In other words, you do not need to be able to prove that a nurse, doctor or pharmaceutical company made a mistake. If you meet the basic qualifications listed above, you can file a claim under the VICP.
Deadline to File a Guillain Barre Flu Shot Claim
Claims under the National Vaccine Injury Compensation program are subject to a statute of limitations. For individuals diagnosed with GBS, the deadline is three years from the first manifestation of symptoms. For families who have lost loved ones, the deadline is two years from the date of death or four years from the first manifestation of symptoms, whichever comes first.
Compensation Available to Individuals and Families Coping with the Effects of GBS
Under the VICP, individuals and families can recover four primary types of financial compensation. These types of compensation are:
- Medical bills
- Other out-of-pocket expenses
- Loss of earnings
- Pain and suffering
There is no limit on the amount individuals and families can recover for their out-of-pocket costs and lost earnings. Compensation for pain and suffering is limited to $250,000.
Schedule a Free Consultation with Vaccine Attorney Leah V. Durant
If you have questions about filing a Guillain Barre flu shot claim under the VICP, we encourage you to get in touch. To schedule a free consultation with vaccine attorney Leah V. Durant, please call 202-775-9200 or request an appointment online today.