Scott Barber v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Scott Barber filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on December 18, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Barber is entitled to compensation. The respondent indicated that medical personnel reviewed the petition and medical records and determined that Mr.

Barber satisfied the criteria for GBS following a flu vaccination as set forth in the Vaccine Injury Table. The respondent also stated there was no preponderance of evidence that a factor unrelated to the vaccination caused the GBS.

Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Mr. Barber entitled to compensation.

Subsequently, the respondent filed a proffer on award of damages, proposing an award of $242,280.55. This amount included $200,000.00 for pain and suffering, $36,746.18 in lost earnings, and $5,534.37 for past unreimbursed expenses.

Mr. Barber agreed with the proffered award.

The court issued a decision awarding Mr. Barber a lump sum payment of $242,280.55.