Amy Wyllis v. HHS - Influenza, Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) (2019)

Amy Wyllis, as next friend of R.S., a minor, filed a petition on November 14, 2011, alleging that R.S. developed Guillain-Barré Syndrome (GBS) and/or Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) as a result of receiving an influenza (flu) vaccine on or about October 5, 2010. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused R.S.'s condition or that her current disabilities were sequelae of a vaccine-related injury.

Despite these positions, the parties reached a joint stipulation to settle the case, which was adopted by Special Master Thomas L. Gowen on December 3, 2018.

The stipulation awarded compensation to the petitioner. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the influenza vaccine.

The award included a lump sum of $274,621.62 for first-year life care expenses ($24,621.62) and pain and suffering ($250,000.00). Additionally, the award provided for reimbursement of liens totaling $10,237.17 to the State of Michigan, $13,420.45 to Meridian Health Plan/Equian, LLC, and $1,712.98 to Midwest Health Plan/Equian, LLC.

An amount sufficient to purchase an annuity contract was also awarded. Petitioner's counsel was Scott William Rooney of Nemes, Rooney P.C.

Respondent's counsel was Lisa Ann Watts of the United States Department of Justice. On July 29, 2019, Special Master Gowen awarded $53,167.97 in attorneys' fees and costs to petitioner's counsel, Mr.

Scott Rooney. This amount comprised $30,659.00 in attorneys' fees and $21,537.60 in attorneys' costs.

The total compensation awarded to R.S., including the fees and costs, amounted to $380,957.56 ($327,789.59 in damages plus $53,167.97 in fees and costs). The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the proposed mechanism of causation beyond its classification as a Table claim.

The decision notes that the petition was filed under petitioner's married name, Amy Sternhagen, and later amended to her maiden name, Amy Wyllis. The stipulation included specific requirements for the life insurance company from which the annuity would be purchased, including minimum capital and surplus and specific ratings from rating organizations.