Mark D Scarlette v. HHS - Influenza, Guillain-Barré Syndrome (2022)

Mark D. Scarlette filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination administered on November 8, 2016.

The respondent conceded that petitioner's GBS was consistent with the Vaccine Injury Table for GBS following the seasonal flu vaccination and that petitioner met the statutory requirements for entitlement to compensation. A ruling on entitlement was issued on May 3, 2019, finding petitioner entitled to compensation.

Subsequently, on May 19, 2022, the respondent filed a proffer on award of compensation, recommending a total award of $444,619.80. This amount included compensation for life care expenses expected to be incurred during the first year after judgment ($24,893.57), lost earnings ($212,203.99), pain and suffering ($205,000.00), and past unreimbursable expenses ($2,522.24).

The proffer also included an amount sufficient to purchase an annuity contract for future life care items. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding damages on June 24, 2022, granting the lump sum payment and the annuity as recommended.