Lisa Schwartz v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Lisa Schwartz 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 she received on September 28, 2015. The respondent conceded that Ms.
Schwartz was entitled to compensation, agreeing that her case met the criteria for a Table injury, specifically GBS with onset between three and forty-two days after a seasonal flu vaccination and no apparent alternative cause. The court issued a ruling on entitlement finding her eligible for compensation.
Subsequently, the parties submitted a proffer on the award of compensation. The respondent recommended, and Ms.
Schwartz agreed, to an award totaling $200,759.70. This amount included $183,034.18 as a lump sum for life care expenses in the first year, lost earnings, and pain and suffering.
Additionally, $17,725.52 was awarded to satisfy a Medicaid lien. The remaining compensation for future life care items would be provided through an annuity.
The court issued a decision awarding damages based on this proffer, with the final decision date being March 22, 2021.
Source PDFs
USCOURTS-cofc-1_18-vv-01454