Mark A. Cherry v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Clarence Cherry, as administrator of the Estate of Mark A. Cherry, filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his brother, Mark A.

Cherry, suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on September 27, 2019. The petition stated that Mark Cherry received the vaccine within the United States and that he passed away due to his GBS injury.

The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that the petitioner was entitled to compensation, finding that the injury met the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Subsequently, a ruling on entitlement was issued, finding the estate entitled to compensation. The respondent then filed a proffer on award of compensation, recommending an award of $400,000.00, consisting of $150,000.00 for actual pain and suffering and $250,000.00 for the statutory death benefit.

The petitioner agreed with the proffered award. The court awarded the lump sum of $400,000.00 to the petitioner.