Donald Smith v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)
Case summary [AI summaries can sometimes make mistakes]
Bertha Smith filed a petition on behalf of her deceased husband, Donald Smith, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 28, 2017. Mr.
Smith passed away due to complications of GBS on January 18, 2018. The case was filed on July 16, 2020.
Respondent conceded that Mr. Smith's injury met the criteria for GBS on the Vaccine Injury Table, affording a presumption of causation.
A ruling on entitlement was issued on July 15, 2020, finding Petitioner entitled to compensation. Subsequently, on July 28, 2020, respondent filed a proffer on award of compensation indicating Petitioner should be awarded $471,690.55, which included $250,000 for the death benefit, $200,000 for pain and suffering, and $21,690.55 for unreimbursed expenses.
A decision awarding damages was issued on July 30, 2020, granting the proffered award to Bertha Smith as the legal representative of the decedent's estate.