Berna Mallett v. HHS - Influenza, Guillain-Barre syndrome (GBS), Necrotizing Myositis (NM), quadriparesis, gait impairment, rhabdomyolysis, and transaminitis (2017)

Berna Mallett filed a petition on April 14, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered Guillain-Barre syndrome (GBS), Necrotizing Myositis (NM), quadriparesis, gait impairment, rhabdomyolysis, and transaminitis as a result of an influenza vaccine she received on November 5, 2013.

Ms. Mallett further alleged that she experienced residual effects from these conditions for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Mallett's alleged injuries.

Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation, which was filed on June 8, 2017. Special Master Brian H.

Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in awarding damages. The stipulation awarded Berna Mallett a lump sum of $100,000.00, payable by check to Petitioner, as compensation for all damages available under the Act.

The decision was finalized on June 22, 2017. Petitioner was represented by Martin James Martinez of Martinez Law Office, and Respondent was represented by Lisa Ann Watts of the U.S.

Department of Justice. The public decision is designated "not to be published" but will be available on the Court of Federal Claims' website, with parties having the option to request redaction of confidential information.