Carol Williams v. HHS - Influenza, Guillain-Barre Syndrome (2020)

Carol Williams filed a petition for compensation under the National Vaccine Injury Compensation Program in case No. 16-24V. The stipulation identifies the petition as filed on or about January 6, 2016.

Williams alleged that she developed Guillain-Barre Syndrome after receiving an influenza vaccine on or about January 17, 2013, and that she experienced residual effects for more than six months. The public decision and attached stipulation do not give a detailed clinical timeline for the onset of Williams's GBS symptoms, her hospital course, diagnostic testing, or treating physicians.

They instead record the parties' negotiated resolution. Respondent denied that the influenza vaccine caused Williams to suffer GBS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.

Maintaining those positions, the parties agreed that the case should be resolved by stipulation. On February 21, 2020, Special Master Katherine E.

Oler reviewed the file, found the stipulation reasonable, and adopted it as the decision awarding compensation. The public version of the decision was later filed on April 20, 2020.

Williams was represented by John R. Howie, Jr. of Howie Law, P.C. in Dallas, Texas; respondent was represented by Glenn A.

MacLeod of the U.S. Department of Justice.

The award included a lump sum of $230,255.30 payable to Williams, consisting of $35,255.30 for first-year life care expenses, $165,000.00 for pain and suffering, and $30,000.00 for past unreimbursable expenses. The remainder of damages was to be funded through an annuity purchased by the Secretary of Health and Human Services.

The annuity provided future payments for Medicare Part B deductible expenses, case management and YMCA expenses, physical therapy and related mileage, scooter and lift maintenance, adaptive devices, shoe allowance, adult diapers, and, beginning in 2025, personal care attendant expenses of $45,260.00 per year, with specified annual increases. The annuity payments were payable only so long as Williams was alive when each payment became due, and attorney fees and costs were left for later proceedings.