Marie Schmidt v. HHS - Influenza, Guillain-Barré syndrome (2019)

Marie Schmidt filed a petition on April 2, 2018, alleging that she developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 6, 2015. Initially, the claim mentioned a pneumococcal vaccine, but it was amended to attribute the GBS to the flu vaccine.

Respondent acknowledged that the claim was compensable as a Table injury and conceded that Petitioner suffered from GBS caused by the flu vaccine, with onset within the appropriate timeframe. Based on this concession, entitlement was granted on April 2, 2018.

Following negotiations, Respondent submitted a proffer proposing an award of $137,610.48, which included $135,000.00 for pain and suffering and $2,610.48 for past out-of-pocket expenses. The Special Master reviewed the proffer and found it reasonable, adopting it as the decision awarding damages on May 29, 2019.

The decision noted that Petitioner is a competent adult and did not require evidence of guardianship.