Dorothy E. Cooper v. HHS - Influenza, Guillain-Barre Syndrome (2020)

Dorothy Cooper filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she developed Guillain-Barre Syndrome (GBS) after receiving an influenza vaccination on March 4, 2016. Respondent conceded that Ms.

Cooper's GBS was caused-in-fact by the flu vaccination and that she was entitled to compensation. A ruling on entitlement was issued on November 13, 2017, finding Ms.

Cooper entitled to compensation. Subsequently, Ms.

Cooper and respondent reached a proffer agreement for damages. Respondent proffered an award of a lump sum of $260,959.15, which included $150,000.00 for past and future pain and suffering, $88,160.35 in lost earnings, $14,756.47 in past unreimbursable medical expenses, and $8,042.23 in future out-of-pocket expenses.

Additionally, respondent proffered a lump sum of $3,212.81 to satisfy the North Carolina Division of Health Benefits Medicaid lien. The Special Master adopted the proffer and awarded compensation in the total amount of $264,171.96 ($260,959.15 + $3,212.81).

Ms. Cooper is a competent adult, and no evidence of guardianship was required.

The decision was filed on September 29, 2020.