Kristiyana D. Smith v. HHS - Influenza, Guillain-Barre Syndrome (GBS) and Myasthenia Gravis (MG) (2018)

Kristiyana D. Smith filed a petition on August 5, 2010, alleging that an influenza vaccine she received on October 21, 2008 caused her to develop Guillain-Barré syndrome and Myasthenia Gravis, and that her death was a sequela of those vaccine-related injuries.

Ms. Smith passed away on May 6, 2015, and the case caption was amended on November 23, 2015.

Mercy Shaver was appointed administrator of Ms. Smith's estate and was substituted as petitioner.

On May 21, 2018, the parties filed a joint stipulation. Respondent denied that the vaccine caused Ms.

Smith to suffer from GBS, MG, any other injury, or her death. Nevertheless, the parties agreed to resolve the case through stipulation, and Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Compensation totaling $1,435,953.47 was awarded: a lump sum of $245,000.00 payable to petitioner as legal representative of the estate of Kristiyana D. Smith, representing all damages available under 42 U.S.C. § 300aa-15(a) other than the Medicaid lien; and a lump sum of $1,190,953.47 payable jointly to petitioner and the California Department of Health Care Services, representing reimbursement of a Medicaid lien for services rendered on behalf of Ms.

Smith.