Cheryl Garvin v. HHS - Influenza, Guillain-Barré syndrome (2018)

Cheryl Garvin filed a petition alleging Guillain-Barré syndrome (GBS) resulted from an influenza vaccination she received on November 4, 2015. The respondent, Secretary of Health and Human Services, filed a report stating that Ms.

Garvin met the criteria for a Table injury under the Vaccine Injury Table and Qualifications and Aids to Interpretation. Although the revised Table applied to petitions filed on or after its effective date, the respondent acknowledged that Ms.

Garvin suffered GBS following a seasonal flu vaccine with onset within the Table's specified timeframe. Recognizing that Ms.

Garvin might refile and be afforded a presumption of causation, the respondent agreed not to contest entitlement. The respondent also stated that the scope of damages would be limited to GBS and its related sequelae.

Based on the respondent's position and a review of the record, the Special Master found that Ms. Garvin is entitled to compensation.

Respondent subsequently filed a proffer on award of compensation, which indicated petitioner's agreement, and the Special Master awarded a lump sum payment of $161,119.33, representing compensation for life care expenses expected in the first year after judgment, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount sufficient to purchase an annuity contract for future life care items, consistent with the terms of the proffer.