Kevin Scherer v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Kevin Scherer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his influenza vaccination on October 2, 2019, caused him to develop Guillain-Barre Syndrome (GBS). He further claimed that he suffered residual effects for more than six months.

The respondent conceded that Mr. Scherer's GBS was a Table injury, meeting the criteria for a presumption of causation, including timely onset after a seasonal flu vaccination and no apparent alternative cause.

The respondent also confirmed that Mr. Scherer timely filed his case, received the vaccine in the United States, and met the statutory severity requirement.

Based on the respondent's concession and the evidence, the court found Mr. Scherer entitled to compensation.

Subsequently, the parties reached a proffer agreement for damages. The court awarded Mr.

Scherer a total of $676,876.40, which included $188,050.00 for pain and suffering, $3,930.55 for past unreimbursable expenses, and $484,895.85 for lost wages. This award was presented as a lump sum payment.