There has recently been some discussion in the news about the link between the flu vaccine and Guillain-Barre Syndrome (GBS). While the precise cause of GBS is still unknown, there is a well-established link between the flu vaccine and this rare autoimmune disorder. This article provides a brief overview of this link as well as some important information about GBS and flu vaccine claims under the National Vaccine Injury Compensation Program (VICP).

The Link Between GBS and the Flu Vaccine—As Recognized Under the VICP

Vaccine-related injuries and illnesses that are eligible for compensation under the VICP are listed on the Vaccine Injury Table. Most recently updated in January 2022, the Vaccine Injury Table identifies specific injuries and illnesses that have been linked to specific CDC-approved vaccines. The Vaccine Injury Table also specifies a timeframe for each listed injury or illness. If a vaccine recipient’s symptoms onset within this timeframe, then his or her medical condition is presumed to be vaccine-related.

Guillain-Barre Syndrome is listed on the Vaccine Injury Table as a condition that can result from the annual flu shot. The timeframe for a GBS diagnosis to be presumptively vaccine-related is, “not less than 3 days and not more than 42 days” following vaccination. This means that if a flu shot recipient begins experiencing symptoms of Guillain-Barre Syndrome within this timeframe and is subsequently diagnosed with GBS, then it is presumed that his or her flu vaccine is to blame for his or her GBS diagnosis.

Important Information about GBS and Flu Vaccine Claims Under the VICP

While establishing this presumption is an important step toward pursuing a successful VICP claim, it is ultimately just one step in the process. Additional steps involved in seeking financial compensation for GBS resulting from a flu shot include:

  • Filing a petition in the U.S. Court of Federal Claims (also known as the Vaccine Court)
  • Calculating the long-term financial costs of your GBS
  • Calculating just compensation for the pain and suffering you will experience as a result of your GBS
  • Collecting all records needed to prove your eligibility and your losses
  • Negotiating with the government attorneys assigned to handle your claim on behalf of the U.S. Department of Health and Human Services (DHHS)
  • Evaluating settlement offers and entering into a Joint Stipulation Agreement, if warranted
  • Proving your right to financial compensation in the Vaccine Court if necessary

If you have a claim for compensation under the VICP as a result of being diagnosed with Guillain-Barre Syndrome, you can hire a lawyer to handle your claim at no cost. While you have up to three years from the date you first experienced symptoms to file a claim, it is in your best interests to get started on your claim as soon as possible.

Find Out if You Have a Claim Under the VICP for Guillain-Barre Syndrome

If you need to know more about filing a claim under the VICP for GBS resulting from a flu shot, we encourage you to schedule a free consultation. Please call 202-775-9200 or contact us online to learn more.