Z.S. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2016)

On November 7, 2014, Stephanie Stout, on behalf of her minor child Z.S., filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Z.S. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on December 5, 2011.

It was further alleged that Z.S.'s injury persisted for more than six months, and that there had been no prior award or settlement for this vaccine-related injury. The respondent denied that Z.S. suffered GBS or any other injury from the vaccination and denied that the injury persisted for more than six months.

Despite the respondent's denial, the parties filed a joint stipulation for damages on February 24, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Z.S. was awarded a lump sum of $100,000.00, payable to petitioner as guardian/conservator of Z.S.'s estate, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on September 26, 2016.

Petitioner's counsel was Diana Stadelnikas Sedar of Maglio Christopher and Toale, PA. Respondent's counsel was Julia Wernett McInerny of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.