Stephanie Palmer v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Stephanie Palmer filed a petition on November 20, 2012, alleging that a Fluarix influenza vaccination she received on November 23, 2009 caused her to develop Guillain-Barré Syndrome (GBS). Petitioner received two vaccinations on the same date; the vaccine at issue is the Fluarix vaccination.
Respondent denied that the flu vaccine caused petitioner's condition or any other injury. Nonetheless, the parties agreed to settle the case.
On October 27, 2015, the parties filed a joint stipulation agreeing to the settlement terms. Special Master Hamilton-Fieldman adopted the stipulation as the decision of the Court.
Petitioner received a lump sum of $886,808.49, comprising $70,749.20 for first year life care expenses, $557,940.39 for lost earnings, $250,000.00 for pain and suffering, and $8,118.90 for past reimbursable expenses, representing all damages available under 42 U.S.C. § 300aa-15(a). In addition, respondent issued a separate lump sum of $140,753.12 to reimburse an Idaho Medicaid lien (HMS Idaho Recovery), jointly payable to petitioner for endorsement to the State of Idaho.
An annuity was also purchased for future compensation.
Theory of causation
Fluarix (flu) Nov 23, 2009 → GBS (two vaccines same day; Fluarix at issue). Joint stipulation Oct 27, 2015; SM Hamilton-Fieldman. Comp $886,808.49 (life care $70,749 + lost earnings $557,940 + pain/suffering $250,000 + past reimbursable $8,119) + Idaho Medicaid lien $140,753.12 + annuity (Bush, Comstock & Bush, Boise ID).
Source PDFs
USCOURTS-cofc-1_12-vv-00802