Guillain-Barre Syndrome (GBS) is one of several vaccine-related medical conditions covered under the National Vaccine Injury Compensation Program (VICP). The requirements for filing a VICP claim for GBS vary depending on the vaccine that is responsible for a patient’s diagnosis. In all cases, patients should work closely with a team of experienced vaccine injury attorneys who can help them assert their legal rights effectively.  

While the precise medical cause of Guillain-Barre Syndrome (GBS) remains unknown, multiple cases of GBS have been linked to the annual flu shot and tetanus vaccines. When GBS is diagnosed as a vaccine-related condition, patients and their families can seek compensation under the National Vaccine Injury Compensation Program (VICP).

Under the VICP, eligible patients and families can seek compensation for all of the financial costs associated with a Guillain-Barre Syndrome (GBS) diagnosis. The VICP also pays up to $250,000 for vaccine recipients’ pain and suffering. But, it is up to patients and families to prove their rights under the VICP—and this makes it important to work closely with a team of experienced vaccine injury attorneys throughout the process.

What Are the Requirements for Filing a GBS Claim Under the VICP?

The requirements for filing a GBS claim under the VICP depend on whether GBS is classified as an “on table” of “off table” injury for a particular immunization. GBS is an “on table” injury for the annual flu shot, and it is an “off table” injury for all other vaccines listed on the Vaccine Injury Table.

For claims involving the annual flu shot, a link between a patient’s immunization and the patient’s GBS diagnosis is presumed if symptoms onset between three and 42 two days after immunization. In all other cases, proof of causation is required.

What Documentation is Needed to File a VICP Claim for GBS?

Regardless of whether causation is presumed, filing a VICP claim for GBS requires several forms of documentation. To successfully seek compensation under the VICP, patients and their families will need documents including (but not limited to):

  • The patient’s immunization record showing which vaccine the patient received and when the vaccine was administered
  • The patient’s medical records documenting the timing of the patient’s initial symptoms and the patient’s Guillain-Barre Syndrome (GBS) diagnosis
  • The patient’s medical records describing treatment received to date and the patient’s ongoing treatment needs
  • Medical bills, receipts, prescriptions, statements of benefits (SOBs) and any other documentation of the patient’s medical expenses and payments
  • Employment records illustrating the patient’s income history and time missed from due to the patient’s GBS diagnosis
  • The patient’s “pain journal” documenting the day-to-day effects of the patient’s Guillain-Barre Syndrome (GBS) diagnosis
  • Photos, videos, notes and other forms of documentation that illustrate how the patient’s GBS diagnosis has negatively impacted the patient’s life

As a general rule, the more documentation that is available to support a claim filed under the VICP, the better. Our vaccine injury attorneys assist patients and families with gathering the documentation they need; and, when warranted, we engage medical specialists and other experts to generate additional documentation that supports our clients’ VICP claims as well.

What is the Process for Filing a VICP Claim Following a GBS Diagnosis Related to a Flu Shot or Tetanus Vaccine?

Filing a claim under the National Vaccine Injury Compensation Program (VICP) is a multi-step process that requires an in-depth understanding of the federal laws and regulations that apply. As a result, working with a team of experienced vaccine injury attorneys is strongly recommended. When working with a law firm to pursue a VICP claim for GBS, the process involves:

  • Scheduling a free initial consultation to discuss eligibility and next steps
  • Gathering all necessary documentation
  • Calculating the compensation that is available under the circumstances at hand
  • Preparing a petition that demonstrates claimant’s eligibility and requests appropriate compensation
  • Filing the petition in the U.S. Court of Federal Claims (also known as the “Vaccine Court”)
  • Negotiating with the government’s attorneys to reach an agreed settlement
  • Attending a hearing and pursuing compensation in the Vaccine Court if necessary

Most successful VICP claims settle, and we have helped numerous clients secure settlements for Guillain-Barre Syndrome (GBS). But, we have extensive experience taking clients’ claims to court as well, and we do not hesitate to seek just compensation in the Vaccine Court when necessary.

FAQs: Filing a VICP Claim for Guillain-Barre Syndrome (GBS)

Will I have to go to court if I file a VICP claim for GBS?

It is highly unlikely that you will have to go to court if you file a VICP claim for GBS. As noted above, most successful claims settle; and, if you need to take your claim to court, your attorneys will generally be able to handle any in-person hearings on your behalf.

Are there costs involved in filing a VICP claim for GBS?

Claimants do not have to incur any costs to seek compensation under the National Vaccine Injury Compensation Program (VICP). The VICP pays claimants’ legal fees separately from their compensation awards, which means that we are able to provide legal representation on a no-cost basis.

What is the first step toward filing a GBS claim under the VICP?

If you need to seek compensation for GBS under the National Vaccine Injury Compensation Program (VICP), we strongly recommend scheduling a free consultation with an experienced attorney. This costs you nothing, and an experienced attorney will be able to provide advice and representation throughout the process.

Schedule a Free, No-Obligation Consultation with One of Our Experienced Vaccine Injury Attorneys

If you or a loved one has been diagnosed with Guillain-Barre Syndrome (GBS) following a vaccination, our experienced vaccine injury attorneys can provide the advice and insights you need to make informed decisions about your next steps. To schedule a free, no-obligation consultation at Law Offices of Leah V. Durant & Associates, call us at 202-775-9200 or tell us how we can help online today.