Naomi McMurty v. HHS - Influenza, Guillain-Barré syndrome or acute disseminated encephalomyelitis (2017)

Naomi McMurty filed a petition for compensation on April 22, 2015, alleging that the influenza vaccine she received on or about October 24, 2013, caused her to suffer Guillain-Barré syndrome (GBS) or acute disseminated encephalomyelitis (ADEM). The flu vaccine is contained in the Vaccine Injury Table.

Ms. McMurty further alleged that she suffered residual effects from this injury for more than six months.

Respondent, the Secretary of Health and Human Services, denied that the vaccine caused her alleged injury or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation agreeing to compensation.

The Special Master found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Ms.

McMurty a lump sum of $287,985.17 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. Additionally, the award included reimbursement for two liens totaling $723.61, and an amount sufficient to purchase an annuity contract.

The case was compensated based on the stipulation.