Donna Carmichael v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2020)

Filed 2018-06-28Decided 2020-10-13Vaccine Influenza
compensated$599,408

Case summary [AI summaries can sometimes make mistakes]

Donna Carmichael filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 17, 2016. The respondent conceded that Ms.

Carmichael is entitled to compensation, as her condition, GBS, is a Table injury for the influenza vaccine and she met the criteria outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The court issued a ruling on entitlement on June 10, 2019, finding her eligible for compensation.

Subsequently, on September 3, 2020, the parties submitted a proffer on the award of compensation, which Ms. Carmichael agreed to.

The decision awarding damages, issued on October 13, 2020, granted Ms. Carmichael a total of $599,408.21.

This award included a lump sum of $539,812.21 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, a lump sum of $59,595.99 was awarded to satisfy a Texas Medicaid lien.

The award also included provisions for future life care expenses through an annuity contract.

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