Tesha Smith v. HHS - Influenza, Guillain-Barré Syndrome (“GBS”) (2019)

On October 14, 2014, Tesha Smith filed a petition in the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered in February 2012 caused her to develop Guillain-Barré Syndrome (GBS). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the GBS.

The parties reached a stipulation for compensation, which Special Master Nora Beth Dorsey adopted as the decision of the Court on October 23, 2019. The stipulation stated that petitioner received a covered flu vaccine on an unspecified date in February 2012 in the United States and alleged that this vaccine caused her to develop GBS with residual effects lasting more than six months.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The parties agreed to a total compensation award of $646,339.

This amount included a lump sum payment of $522,882 payable to petitioner, a payment of $25,338.40 jointly to petitioner and Optum to satisfy a State of Florida Medicaid lien, and a payment of $98,119.60 jointly to petitioner and the Agency for Health Care Administration, Florida Medicaid Casualty Recovery Program, to satisfy another State of Florida Medicaid lien. Additionally, an amount sufficient to purchase an annuity contract was allocated for future medical expenses, ancillary services, equipment, medications, attendant care, and transportation.

The annuity payments were structured with specific annual amounts, increasing at 3% compounded annually, with varying durations based on specific years and petitioner's lifetime. The annuity contract was to be owned by the Secretary of Health and Human Services and purchased from a life insurance company meeting specific financial and rating criteria.

The stipulation also addressed future attorneys' fees and costs, and petitioner released the United States and the Secretary of Health and Human Services from further liability related to the alleged vaccine injury. The decision notes that the stipulation represents a full and complete negotiated settlement of liability and damages, except for attorneys' fees and costs, and is not an admission of causation by the respondent.

Petitioner was represented by Renee J. Gentry of The Law Office of Renee J.

Gentry, and respondent was represented by Ryan D. Pyles of the U.S.

Department of Justice.