Paul Smith v. HHS - Influenza, Guillain-Barré syndrome (2018)

On July 18, 2016, Paul Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on August 19, 2015. The case was assigned to the Special Processing Unit.

Paul Smith passed away after the petition was filed, and Sharon Smith was substituted as the petitioner as the administrator of his estate. The respondent filed a Rule 4(c) report on July 28, 2017, stating that the respondent did not contest entitlement.

The respondent agreed that the petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI), and that the evidence showed GBS following the administration of a seasonal flu vaccine with onset within the Table-specified timeframe. Recognizing that the petitioner could be afforded a presumption of causation under the revised Table, the respondent agreed not to contest entitlement.

Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 26, 2018, finding the petitioner entitled to compensation. Subsequently, on January 26, 2018, Chief Special Master Dorsey issued a decision awarding damages.

The respondent had filed a proffer on award of compensation in the amount of $79,123.74, with the petitioner agreeing to this amount. The decision states that the petitioner is awarded a lump sum payment of $79,123.74, payable by check to Sharon Smith as administrator of the estate of Paul Smith, representing compensation for all damages available under § 300aa-15(a).

The attorneys involved were John Robert Howie for the petitioner and Christine Mary Becer for the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond its classification as a Table injury.