Katherine Kesterson v. HHS - Influenza, Guillain-Barré Syndrome and/or Transverse Myelitis (2020)

Katherine Kesterson filed a petition under the National Vaccine Injury Compensation Program alleging that she suffered Guillain-Barré Syndrome (GBS) and/or Transverse Myelitis (TM) as a result of receiving an influenza vaccine on October 29, 2014. She also alleged that she experienced residual effects from the injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Kesterson's alleged conditions.

Despite maintaining their respective positions on causation, both parties agreed to settle the case through a stipulation. The stipulation stated that the issues could be settled and a decision awarding compensation should be entered.

The court adopted the stipulation as its decision. Ms.

Kesterson was awarded a lump sum of $450,000.00, which represents compensation for all damages available under the Act, including pain and suffering, lost earnings, and past unreimbursable expenses. The case proceeded as a Table claim, as the influenza vaccine is listed on the Vaccine Injury Table.

The decision was entered on April 24, 2020, following the petition filed on March 24, 2020.