Sarah Behie v. HHS - Influenza, Guillain-Barré syndrome (2014)

Sarah Behie filed a petition on February 8, 2013, alleging that an influenza (flu) vaccination she received on October 5, 2010 caused her to develop Guillain-Barré syndrome (GBS). Respondent did not believe the available evidence was sufficient to prove causation, but in light of prior cases where special masters found similar evidence sufficient, respondent chose not to further defend entitlement.

Special Master Dorsey found petitioner entitled to compensation on May 7, 2014. On May 30, 2014, respondent filed a Proffer on Award of Compensation, which petitioner agreed to.

Special Master Dorsey adopted the proffer and awarded petitioner a lump sum of $1,012,709.87, representing Year 1 life care expenses ($49,355.06), lost earnings ($711,723.75), pain and suffering ($250,000.00), and past unreimbursable expenses ($1,631.06). In addition, $58,753.56 was awarded to satisfy the Commonwealth of Pennsylvania's Medicaid lien.

Beginning in Year 2, future life care expenses were to be provided through an annuity purchased by respondent. Life care planning was performed by Laura Fox (respondent's expert) and Roberta Hurley and Ellen Econs (petitioner's experts).

Petitioner's attorneys' fees and costs were subsequently awarded at $84,309.86, payable jointly to petitioner and Lawrence R. Cohan of Anapol Schwartz.

Petitioner had not personally incurred any out-of-pocket litigation expenses.