David Carney obtains $500k award for client who suffered GBS after a flu vaccine

Michael Schafle by Michael Schafle, Founding Partner of Green & Schafle

Learn about how our vaccine trial lawyer, David Carney, obtained a substantial award for his client who suffered from Guillain-Barre Syndrome after receiving the influenza vaccine.

Our vaccine trial lawyer, David Carney, obtained a substantial award for his client who suffered from [Guillain-Barre Syndrome](https://www.greenlegalteam.com/guillain-barre-syndrome-vaccine-injury-lawyer/) after receiving the influenza vaccine. The award of $575,000 covers his client’s pain and suffering, future lost wages and future medical care for the rest of his life. The award comes after much litigation about whether the flu shot caused his client’s GBS and the size and scope of the damages he was entitled to. ## Client Developed GBS, a Rare Complication Following a Vaccine Mr. Carney’s client, a 76-year old military veteran from San Antonio, Texas, received his flu vaccine on October 3, 2018 and within a few weeks, developed a sudden and rapid onset of numbness, tingling and weakness in his lower extremities rendering him unable to walk independently. He was rushed to San Antonio Military Medical Center for workup and after a spinal tap, he was admitted for diagnosis and treatment of his Guillain-Barre Syndrome. His post-hospital course consisted of inpatient rehabilitation for several weeks followed by inpatient admission at a skilled nursing facility for several months. After discharge from skilled nursing, he was enrolled in outpatient physical and occupational therapy and home health services for the ongoing dysfunction related to his GBS. ## Complex Damages Awarded After Expert Testimony All vaccine injury cases must be filed in the National Vaccine Injury Compensation Program (VICP) through the U.S. Court of Federal Claims in Washington, D.C. All vaccine claims are defended by Department of Health and Human Services, through its attorneys at the U.S. Department of Justice. The VICP has recognized that the influenza vaccine (flu shot) is presumed to cause GBS if the onset of GBS occurs between 3 and 42 days after the influenza vaccine. However, this case consisted of protracted litigation due the DOJ’s defense of all items of compensation and damages. The DOJ attempted to marginalize Mr. Carney’s client’s pain and suffering, lost wages, and future medical care needs. In the [National Vaccine Injury Compensation Program](https://www.greenlegalteam.com/national-vaccine-injury-compensation-program/), there exists a statutory pain and suffering cap of $250,000, which is the most one can receive for pain and suffering, and all medical care items must be offset by health insurance plans and any applicable disability plans. Through multiple motions, oral arguments and damages hearings, Mr. Carney’s zealous and persistent advocacy was able to get his client 75% of the statutory pain and suffering cap of $250,000. In addition, he was able to obtain past lost wages and future lost wages for an individual who was well past the retirement age since he continued to work part-time as a psychologist at the time of his injury. Finally, Mr. Carney obtained many vital elements of a life care plan that will ensure his client gets the services and medical assistance necessary to navigate and cope with his GBS, such as home and bathroom modifications, home health aide services, and assistive mobility devices. Mr. Carney was only able to do this by retaining highly qualified nursing expert to create a comprehensive life care plan and then testify in detail at a damages hearing on the elements of the plan. ## The Importance of Retaining Experienced Trial Lawyers to Represent Your Vaccine Injury Case In the current climate, the Department of Health and Human Services, or its attorneys at the U.S. Department of Justice are creating barriers at every level of the case in order to delay resolution of cases and suppress damages in viable cases. Green & Schafle vaccine lawyer, [David Carney](https://www.greenlegalteam.com/david-carney/), has seen this change occur over the last 5-7 years. “About ten years ago, we would be able to resolve this case quickly and efficiently for roughly the same outcome, but over the last 5-7 years, and especially after the COVID-19 pandemic, we’ve had to scratch and claw for every dollar our clients deserve,” Carney said. As such, it is critical to retain qualified and experienced vaccine injury lawyers who are trial lawyers and possess the skill, tenacity and resources to fight for you to the very end. Trial lawyers possess the key trial advocacy skills to diagnosis potential issues in your case, obtain the necessary medical experts to support the case, and to litigate the issues to resolution when faced with either frivolous causation arguments or lowball settlement offers.
Request a Callback
Green & Schafle Client Feedback ()

Back to top
On This Page ×

What is the VICP? How does the VICP Work? What Vaccines are Covered by the VICP? How to File a Petition? Who Can File a Petition? What are the VICP Petition Steps? Do You Need a Lawyer to File a VICP Petition? What are the VICP Vaccine Injury Severity Requirements? What are the VICP Statute of Limitations? What are Vaccine Injury Settlements and Payouts?
Back to top