Madsen v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)

On October 14, 2016, an unnamed petitioner filed a claim under the National Childhood Vaccine Injury Act of 1986, alleging that an Influenza ("Flu") vaccine administered on September 18, 2013, caused her to develop Guillain-Barré Syndrome ("GBS"). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's GBS or any other injury.

However, on October 11, 2016, the parties filed a joint stipulation on damages, agreeing that compensation should be awarded. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The stipulation awarded the petitioner a lump sum payment of $2,978,711.73, which represented compensation for first-year life care expenses ($24,251.49), lost earnings ($2,718,701.03), pain and suffering ($225,000.00), and past unreimbursable expenses ($10,759.21). Additionally, an amount sufficient to purchase an annuity contract was awarded.

The total award, including the annuity component, amounted to $2,989,470. The parties waived their right to seek review, and judgment was entered accordingly.

The decision was originally filed on July 29, 2015, and refiled in redacted form on December 2, 2016, to protect the petitioner's identity. The public decision does not describe the petitioner's specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.

Petitioner was represented by Carol L. Gallagher, Esq., LLC, and respondent was represented by Darryl R.

Wishard of the United States Department of Justice.