Emma Hicks v. HHS - Influenza, Guillain-Barré Syndrome (2017)

Emma Hicks, initially represented by her father Gregory Hicks, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 1, 2016, alleging Guillain-Barré Syndrome (GBS) after receiving an influenza vaccination on December 10, 2013. Emma Hicks reached the age of majority on February 3, 2016, and became the petitioner in the case.

The petition alleged that the vaccination occurred in the United States, that the injury effects lasted more than six months, and that no other action or compensation had been sought for the alleged vaccine-caused injury. The respondent denied that the flu vaccine caused petitioner's alleged GBS or any other injury, and denied that her current disabilities were a sequelae of a vaccine-related injury.

Despite the denial, the parties filed a joint stipulation on June 12, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Emma Hicks was awarded a lump sum of $193,634.40, payable to the petitioner. This amount represents compensation for all items of damages available under the Vaccine Act.

Petitioner was represented by Isaiah Kalinowski of Maglio, Christopher and Toale, PA, and respondent was represented by Lisa Watts of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.