J.B. v. HHS - Influenza, Guillain-Barre Syndrome (2018)

On September 22, 2016, Ipuna Black and Kline Black, as mother and natural guardian and father and natural guardian, respectively, filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of their minor child, J.B. They alleged that J.B. developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on October 14, 2015.

The case was assigned to the Special Processing Unit. On May 31, 2018, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report stating that it would not contest entitlement to compensation.

The respondent noted that while the revised Vaccine Injury Table adding GBS after an influenza vaccine applied to petitions filed on or after March 21, 2017, the evidence showed that J.B. suffered GBS following a seasonal flu vaccine with onset within the Table period. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2018, finding J.B. entitled to compensation.

On June 29, 2018, the respondent filed a proffer on the award of compensation. The parties agreed to the following award: a lump sum payment of $147,312.00, representing compensation for life care expenses for Year One ($7,312.00) and pain and suffering ($140,000.00), payable to petitioners as guardians or conservators of J.B.'s estate; a lump sum payment of $28,290.49 for past unreimbursable expenses, payable to petitioners; and an amount sufficient to purchase an annuity contract for future life care items.

The annuity payments would be made only so long as J.B. was alive at the time a particular payment was due. The specific purchase price of the annuity was not stated in the public decision.

Chief Special Master Nora Beth Dorsey issued a decision awarding damages on July 3, 2018, based on the proffer. Petitioners were represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.