Denise Benton v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2016)

Denise Benton filed a petition for compensation under the National Vaccine Injury Compensation Program on September 5, 2014, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her August 29, 2011 influenza vaccination. She further alleged that she has suffered residual effects for over six months and has received no prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her GBS or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on December 2, 2015.

The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $193,000.00 for all damages, payable to petitioner.

Additionally, a lump sum of $3,528.70 was awarded to reimburse a lien for services rendered, payable jointly to petitioner and the Ohio Tort Recovery Unit. A separate stipulation concerning attorneys' fees and costs was filed on December 23, 2015.

The Special Master approved an award of $34,963.66 for attorneys' fees and costs, payable as a lump sum jointly to petitioner and her counsel, John Robert Howie, Jr. of Howie Law, P.C. The total compensation awarded was $231,492.37.

The decision was issued by Chief Special Master Nora Beth Dorsey.