Marc Barnet v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Marc Barnet filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2017, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on November 1, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 30, 2018, conceding that Mr.

Barnet was entitled to compensation. The respondent agreed that Mr.

Barnet suffered the Table injury of GBS following a flu vaccine within the Table time period and met the statutory requirements for entitlement, having experienced residual effects of his GBS for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on July 31, 2018, finding Mr.

Barnet entitled to compensation. Subsequently, on May 19, 2020, the parties filed a joint stipulation for damages.

Chief Special Master Brian H. Corcoran reviewed the stipulation, finding it reasonable and adopting it as his decision.

The decision awarded Marc Barnet a lump sum of $700,000.00, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act for his GBS. The stipulation noted that there was not a preponderance of evidence demonstrating that petitioner's condition was due to a factor unrelated to vaccination.

Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S.

Department of Justice. The stipulation also addressed future proceedings for attorneys' fees and costs.