Robert LaBianco v. HHS - Influenza, Guillain-Barre Syndrome (2022)

Robert LaBianco filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on November 15, 2018. The petition stated that his residual effects continued for more than six months.

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that his condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation.

Based on this concession and the evidence, a ruling on entitlement was issued finding Petitioner entitled to compensation. Subsequently, Respondent filed a proffer on the award of compensation, recommending an award of $154,232.00.

This amount included $91,152.00 for pain and suffering and $63,080.00 for past and future lost wages, with the future wage component adjusted to net present value. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding Petitioner the lump sum of $154,232.00, payable to him as a competent adult.