James Carhartt v. HHS - Influenza, Guillain-Barre syndrome (GBS) and vaccine-related death (2026)

On August 9, 2024, Katherine Mack filed a petition as the spouse of James Carhartt because the statute of limitations was approaching and she had not yet been appointed personal representative of his estate. After her appointment, she amended the petition and the caption was changed to identify her as personal representative of the estate of James Carhartt.

She alleged that an influenza vaccine administered on October 13, 2021 caused Table Guillain-Barre syndrome and Mr. Carhartt's later death.

The public entitlement ruling gives only a limited clinical narrative, but it states the key course of the claim: Mr. Carhartt suffered GBS after the flu vaccine, had residual effects for more than six months, and died from the GBS illness.

The entitlement ruling describes the death date as August 18, 2022, while the damages proffer describes the death date as August 17, 2022; the database field follows the damages proffer date. No civil action or other compensation had been received for the alleged vaccine-caused GBS.

On November 14, 2025, respondent filed a Rule 4(c) report conceding entitlement, concluding that Mr. Carhartt's records established the criteria for a flu/GBS Table injury.

Chief Special Master Brian H. Corcoran issued an entitlement ruling the same day.

On March 17, 2026, respondent filed a proffer on damages, and the Special Master awarded compensation that same day. The award totaled $799,496.97.

It included a $500,000.00 lump sum payable to Katherine Mack as personal representative of the estate, consisting of $250,000.00 for pain and suffering and $250,000.00 for the statutory vaccine-related death benefit. It also included $299,496.97 to satisfy the State of Colorado Medicaid lien, payable through counsel's IOLTA account for disbursement to the Colorado Department of Health Care Policy & Financing.

Ms. Mack was represented by Julia Wernett McInerny of Maglio Christopher & Toale.