Donna Scamby Powers v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2017)

Donna Scamby Powers filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2015. She alleged that after receiving an influenza vaccine on October 10, 2012, she developed Guillain-Barré Syndrome (GBS).

The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation, acknowledging that her condition was a Table injury. The parties subsequently worked to resolve damages.

Their respective life care planners agreed on future care needs and costs, and they also agreed on a projection for future lost wages, which was reduced to present value. On July 14, 2017, the respondent filed a proffer recommending an award of $841,728.00, which the petitioner agreed to.

This proffered award included compensation for lost past and future earnings, pain and suffering, and life care expenses for the first year. Special Master Thomas L.

Gowen reviewed the proffer and awarded the stipulated amount. The award consisted of a lump sum payment of $841,728.00, which included $618,595.00 for lost past and future earnings, $173,968.00 for pain and suffering, and $49,165.00 for life care expenses for the first year.

Additionally, an amount sufficient to purchase an annuity contract for future life care expenses was awarded. The decision on entitlement was issued on July 13, 2017, and the decision on the award of compensation was issued on July 20, 2017.

Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Linda Sara Renzi of the U.S.

Department of Justice.