Daniel Divack v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Daniel Divack filed a petition for vaccine injury compensation alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on September 29, 2012. The respondent, the Secretary of Health and Human Services, elected not to contest entitlement to compensation, recognizing that the petitioner had satisfied the criteria set forth in the revised Vaccine Injury Table.

A ruling on entitlement was issued on July 31, 2017, finding Mr. Divack entitled to compensation.

Subsequently, on October 13, 2017, the respondent filed a proffer on the award of compensation. The parties agreed to an award that included a lump sum payment of $523,454.48, representing compensation for life care expenses for the first year ($134,265.01), pain and suffering ($250,000.00), and past unreimbursable expenses ($139,189.47).

The award also included an amount sufficient to purchase an annuity contract for future life care expenses. The decision awarding damages was issued on February 14, 2018, finalizing the compensation for Mr.

Divack's GBS.