Sophie Grigloek v. HHS - Influenza, Guillain-Barré Syndrome (2011)

Sophie Grigloek received an influenza vaccine in October 2005. Approximately one month later, she developed symptoms consistent with Guillain-Barré syndrome, including her legs giving out and difficulty walking.

She was hospitalized and treated, but never fully recovered. She died on May 11, 2007 of ventilator-dependent respiratory failure.

The estate filed a petition for vaccine compensation on April 30, 2009, amended on October 28, 2009. The Government conceded that the estate was entitled to the $250,000 death benefit under 42 U.S.C. § 300aa-15(a)(2) and recommended an award of that amount.

The estate rejected the Government's recommendation and filed a motion for damages seeking, in addition to the death benefit, compensation for unreimbursable expenses ($114,479.63), loss of earnings, and pain and suffering (up to $250,000) under § 300aa-15(a)(1), (3), and (4). The special master awarded the $250,000 death benefit but denied the injury compensation claims, finding them untimely.

Under § 300aa-16(a)(2), a petition for vaccine-related injury must be filed within 36 months of the first symptom or manifestation of onset. Mrs.

Grigloek's first GBS symptoms appeared approximately November 2005, making the injury filing deadline approximately November 2008. The estate did not file until April 2009, and no injury claim had been made during Mrs.

Grigloek's lifetime. The special master distinguished Zatuchni v.

Secretary of HHS, 516 F.3d 1312 (Fed. Cir. 2008), in which both the injury and death limitation periods had been satisfied.

Judge Hodges of the Court of Federal Claims affirmed the special master's ruling on August 3, 2011. The court held that § 300aa-16 establishes separate and distinct limitations periods for injury and death, and that a timely petition for the death benefit under § 300aa-16(a)(3) does not revive an untimely injury claim under § 300aa-16(a)(2).

The plain language of the statute required this result. Petitioner received the $250,000 death benefit; the motion for review was denied.