Earl J. Smith v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Earl J. Smith filed a petition for vaccine injury compensation on February 19, 2019, alleging that he developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on June 15, 2009.
The respondent filed a Rule 4(c) report on May 19, 2020, conceding that Mr. Smith satisfied the criteria for a Table injury and was entitled to compensation.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 19, 2020, finding Mr.
Smith entitled to compensation. Subsequently, on May 27, 2020, the respondent filed a Proffer on Award of Compensation.
In this proffer, the respondent recommended an award of $197,500.00 for past and future pain and suffering, representing all elements of compensation available under the Vaccine Act. The respondent stated that Mr.
Smith agreed with this proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on July 6, 2020, awarding Mr.
Smith a lump sum payment of $197,500.00, payable by check to Mr. Smith.
The decision noted that Mr. Smith is a competent adult.
The case proceeded as a Table claim, and the parties stipulated to the damages. Petitioner counsel was Scott B.
Taylor of Urban & Taylor, S.C., and respondent counsel was Lisa Ann Watts of the U.S. Department of Justice.
The public decision does not describe the onset, specific symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Earl J. Smith alleged that he developed Guillain-Barre Syndrome (GBS), a Table injury, as a result of an influenza vaccine administered on June 15, 2009. The respondent conceded entitlement to compensation, agreeing that Petitioner satisfied the criteria for a Table injury under the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The petition was filed within the look-back provision, not later than two years after the effective date of the Table revision adding GBS as a Table injury following flu vaccine (March 21, 2017), and the alleged injury occurred not more than eight years prior to the effective date of the Table revision. The parties stipulated to the damages, with the respondent proffering an award of $197,500.00 for past and future pain and suffering, which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 19, 2020, and a Decision Awarding Damages on July 6, 2020, awarding a lump sum of $197,500.00. Petitioner counsel was Scott B. Taylor, and respondent counsel was Lisa Ann Watts. The public text does not detail specific medical experts, competing medical theories, or the precise mechanism of injury, relying on the concession of a Table injury.
Source PDFs
USCOURTS-cofc-1_19-vv-00266