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 June 2, 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.