Stephanie Roberts v. HHS - Influenza, Guillain-Barré Syndrome (2017)
Case summary [AI summaries can sometimes make mistakes]
Stephanie Roberts filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of receiving influenza and tetanus-diphtheria-acellular pertussis (Tdap) vaccinations on October 14, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Roberts is entitled to compensation. The respondent found that the evidence showed Ms.
Roberts suffered GBS following the influenza vaccine, with onset occurring within the time period specified in the revised Vaccine Injury Table. Therefore, the respondent conceded entitlement based on a theory of causation-in-fact and the presumption of causation under the revised Table.
The court agreed with the respondent and found Ms. Roberts entitled to compensation.
Subsequently, the parties submitted a Proffer on Award of Compensation. Based on this proffer, the court awarded Ms.
Roberts a total of $527,224.74. This amount included $370,642.94 for lost earnings, $150,000.00 for pain and suffering, and $4,836.38 for unreimbursed expenses.
Additionally, $1,745.42 was awarded to satisfy a New York State Medicaid lien. The award was structured as lump sum payments.
Source PDFs
USCOURTS-cofc-1_16-vv-01151