Demetrice Bell-O'Neal v. HHS - Influenza, Guillain-Barré syndrome (GBS) allegedly following influenza vaccine (2015)

On October 25, 2013, Demetrice Bell-O'Neal filed a petition under the National Childhood Vaccine Injury Act on behalf of her minor daughter, A.O. The petition alleged that A.O. received an influenza vaccine on January 11, 2012, and subsequently developed Guillain-Barré syndrome (GBS).

Petitioner stated that there had been no prior award or civil settlement for damages on A.O.'s behalf arising from this condition. Respondent denied that the influenza vaccine caused A.O. to suffer GBS or any other injury or her current condition.

The public decision is a stipulation decision, not a litigated entitlement ruling. It does not state A.O.'s date of birth or exact age, describe her pre-vaccination health, identify the first neurologic symptom or onset date, summarize hospitalization, nerve-conduction testing, respiratory status, treatment, rehabilitation, or expert reports, or analyze a biological mechanism for influenza-vaccine-associated GBS.

The parties reached a joint stipulation, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision on November 30, 2015.

The award included a lump sum of $810,427.27, payable to petitioner as guardian or conservator of A.O.'s estate for A.O.'s benefit. This amount represented $153,594.84 for first-year life-care expenses, $406,832.43 for lost future earnings, and $250,000.00 for pain and suffering.

The award also included $8,772.26 payable jointly to petitioner and the Georgia Department of Community Health for a lien, and $24,595.20 payable jointly to petitioner and Peach State Health Plan for a second lien. The stipulation also required payment of an amount sufficient to purchase a life-care annuity, but the public decision does not state the annuity purchase price.

Petitioner was represented by Diana L. Stadelnikas Sedar of Maglio, Christopher & Toale, PA.

Respondent was represented by Claudia B. Gangi of the United States Department of Justice.