Max Baum v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Max Baum received an influenza vaccine on November 12, 2015. He subsequently developed Guillain-Barre Syndrome (GBS), a neurological disorder.

The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation, acknowledging that Baum satisfied the criteria for GBS following a flu vaccine, even though the petition was filed before the Vaccine Injury Table was revised to include GBS for flu vaccines. The case proceeded as an "off-Table" claim where causation-in-fact was established.

A ruling on entitlement was issued on October 27, 2017, finding Baum entitled to compensation. Subsequently, on February 28, 2018, a decision awarding damages was issued based on a proffer agreed upon by both parties.

The award included a lump sum of $399,599.88 for first-year life care expenses, pain and suffering, and past unreimbursable expenses. Additionally, $46,640.43 was awarded to satisfy a State of Illinois Medicaid lien.

The award also included an amount to purchase an annuity for future life care expenses, with payments contingent on Baum being alive. The total compensation awarded was $446,240.31, plus the annuity for future care.