Joan Novarro v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2016)

Joan Novarro filed a petition on October 25, 2011, alleging that an influenza vaccination she received on October 31, 2008 caused her to develop Guillain-Barré syndrome (GBS), with residual effects lasting more than six months. Due to Joan Novarro's incapacity, the case was subsequently recaptioned to Bonye Wolf Barone as Conservator of the Person and Estate of Joan Novarro.

Special Master Corcoran issued a Ruling on Entitlement on November 12, 2014, finding that petitioner had established by a preponderance that the flu vaccination caused Joan Novarro's GBS. Respondent had no responsive expert.

The special master found petitioner's expert, Dr. Tornatore, persuasive on all three Althen prongs, including that an onset period of approximately six weeks after vaccination was medically acceptable for vaccine-induced GBS, consistent with published literature on the subject.

Because Joan Novarro is severely disabled and resides in a skilled nursing facility, the parties disputed the extent of daily attendant care needed. Following a hearing on March 31, 2016, the special master issued a ruling on May 12, 2016 awarding some attendant care hours.

On July 14, 2016, respondent filed a proffer on damages, to which petitioner agreed. Special Master Corcoran adopted the proffer as his decision on July 19, 2016.

Petitioner received: a lump sum of $661,082.54 (year-one life care including attendant care $167,895.32, lost earnings $38,570.26, pain and suffering $250,000.00, and past unreimbursable expenses $204,616.96), payable to the conservator for the benefit of Joan Novarro; a lump sum of $65,123.15 for satisfaction of the State of Connecticut Medicaid lien; and an annuity providing future life care payments for years two and beyond, contingent on Joan Novarro's survival.