Deborah Kaiser v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Deborah Kaiser filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) caused by her influenza vaccination on November 19, 2012. She further alleged that she experienced residual effects for more than six months.

Respondent denied that the flu vaccine caused her alleged GBS and residual effects. Despite this denial, the parties filed a joint stipulation agreeing to a settlement.

The court awarded compensation totaling $825,000, consisting of a lump sum of $200,000 payable to Ms. Kaiser and $625,000 to purchase an installment refund annuity contract for her benefit.

This award represents compensation for all damages available under the Vaccine Act. The case proceeded as a Table claim, as GBS is listed on the Vaccine Injury Table for the flu vaccine.

The stipulation also addressed the terms for purchasing the annuity, including requirements for the life insurance company and the structure of the payments. The parties agreed that this stipulation represented a full and complete negotiated settlement of liability and damages, except for potential attorneys' fees and litigation costs, which would be addressed in further proceedings.