Jeffery Pierce v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2016)

Petitioner Jeffery Pierce filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2014, alleging that he suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 19, 2013. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's condition.

Despite these opposing positions, the parties filed a joint stipulation on November 6, 2015, agreeing to settle the case and award compensation. Chief Special Master Nora Beth Dorsey reviewed and adopted the stipulation as the decision of the Court.

The stipulation detailed a lump sum payment of $1,173,515.77, intended to cover first-year life care expenses ($250,887.77), lost earnings ($700,000.00), pain and suffering ($220,000.00), and past unreimbursable expenses ($2,628.00). Additionally, an amount sufficient to purchase an annuity contract for future expenses was agreed upon.

The annuity contract was structured to provide periodic payments for various future expenses, including health insurance premiums, out-of-pocket medical costs, Medicare Part B premiums, durable medical equipment, and care services, with specified amounts, durations, and annual increases. The Chief Special Master approved the compensation amount and directed the clerk of the court to enter judgment in accordance with the stipulation's terms.

Petitioner was represented by Lawrence R. Cohan of Anapol, Schwartz, et al., and respondent was represented by Darryl R.

Wishard of the U.S. Department of Justice.

The decision was issued on January 13, 2016.