Brian Carney v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2017)

Brian Carney filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered Guillain-Barre Syndrome (GBS) as a result of his August 16, 2014 influenza vaccination. The case was assigned to the Special Processing Unit.

On August 8, 2017, the respondent filed a Rule 4(c) report conceding entitlement, stating that Mr. Carney satisfied the criteria in the revised Vaccine Injury Table for GBS.

The respondent agreed not to contest entitlement, recognizing that Mr. Carney could re-file and be afforded a presumption of causation under the revised Table.

Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement on August 9, 2017, finding Mr. Carney entitled to compensation.

Subsequently, on August 11, 2017, the respondent filed a Proffer on Award of Compensation, indicating that Mr. Carney should be awarded $125,000.00.

The proffer stated that Mr. Carney agreed with this award, which represented compensation for all damages available under the Vaccine Act.

The Chief Special Master issued a Decision Awarding Damages on August 11, 2017, awarding Mr. Carney a lump sum payment of $125,000.00.

This amount was for all elements of compensation under 42 U.S.C. § 300aa-15(a). Reasonable attorneys' fees and litigation costs were to be determined at a later date.