Vernon Gearhart v. HHS - Influenza, Guillain-Barré syndrome (2016)

Vernon Gearhart filed a petition on September 27, 2013, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that an influenza vaccine he received on October 21, 2011, caused him to develop Guillain-Barré syndrome (GBS).

The Secretary of Health and Human Services, the respondent, denied that the flu vaccine caused Mr. Gearhart's GBS or any other injury.

Despite maintaining their respective positions, both parties agreed to a joint stipulation filed on August 20, 2015, to settle the case. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. The stipulation awarded Mr.

Gearhart a lump sum of $481,468.48. This amount represented compensation for first-year life care expenses ($51,147.49), lost earnings ($233,654.23), pain and suffering ($195,841.47), and past unreimbursable expenses ($825.29).

Additionally, an amount sufficient to purchase an annuity contract for future life care expenses was awarded. Petitioner's counsel was Rachel E.

Gusman of Graves, Barkett & McLain, PLLC. Respondent's counsel was Linda S.

Renzi of the U.S. Department of Justice.

Separately, on September 17, 2015, the parties filed a stipulation regarding attorney's fees and costs. Special Master Corcoran approved an award of $37,278.00 for attorney's fees and costs, payable jointly to Petitioner and his counsel, Rachel E.

Gusman. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

The specific mechanism of causation was not detailed in the public decision.