Caren Shanley v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)

On September 26, 2014, Caren Shanley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on November 15, 2013. Michelle Ganetis was substituted as petitioner upon Ms.

Shanley's death on August 19, 2015. The petitioner alleged that Ms.

Shanley experienced residual effects of GBS for more than six months and that her death was a sequela of the alleged vaccine-related injury. The respondent denied that the influenza vaccine caused Ms.

Shanley's GBS or her death. Despite these denials, the parties reached a joint stipulation for damages, which was filed on May 12, 2016.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded the estate a lump sum of $315,000.00, payable to Michelle Ganetis as Personal Representative of the Estate of Caren Shanley.

This amount was intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the case was processed as a "Table claim" because GBS is listed on the Vaccine Injury Table for influenza vaccines.

The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged vaccine injury and death, and stated that it was not an admission of causation by the vaccine.