James E. Britt v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

On March 18, 2021, Ethel M. Britt, as the personal representative of the estate of James E.

Britt, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that James E.

Britt suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on September 19, 2019, and that he subsequently died from his injuries. The case was assigned to the Special Processing Unit of the Office of Special Masters.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2022, conceding entitlement to compensation. The respondent stated that the petitioner met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation, that the case was timely filed, the vaccine was received in the United States, and that Mr.

Britt satisfied the statutory severity requirement. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 18, 2022, finding the petitioner entitled to compensation. Subsequently, on February 3, 2023, the parties submitted a proffer for the award of compensation.

The respondent proffered an award of $465,575.18, which included $212,500.00 for pain and suffering, $250,000.00 for the death benefit, and $3,075.18 for unreimbursed medical expenses. The petitioner agreed with the proffered award.

Chief Special Master Corcoran issued a Decision Awarding Damages on February 3, 2023, awarding the petitioner a lump sum payment of $465,575.18, payable by check to the petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner counsel was Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent counsel was Mark Kim Hellie from the U.S. Department of Justice.