Larry Smith v. HHS - Influenza, Guillain-Barre syndrome (2023)

Audrey Smith, as personal representative of the Estate of Larry Smith, filed a petition alleging that her husband, Larry Smith, developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 18, 2019. She further alleged that his death on February 18, 2020, was vaccine-related.

The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that Mr.

Smith's medical records established the requirements for a flu/GBS Table injury, that there was no alternative cause for his condition or death, and that Petitioner was entitled to compensation. A ruling on entitlement was issued on January 26, 2023, finding Petitioner entitled to compensation.

Subsequently, on May 15, 2023, Respondent filed a proffer on award of compensation, proposing a total award of $475,000.00, consisting of $250,000.00 for the statutory benefit for a vaccine-related death and $225,000.00 for past pain and suffering. Petitioner agreed with the proffered award.

The Chief Special Master issued a decision awarding Petitioner a lump sum payment of $475,000.00.