Theada Marie Gibbins v. HHS - Influenza, Guillain-Barre Syndrome (2018)

On October 25, 2016, a petition was filed for Theada Marie Gibbins, an incapacitated person, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on October 24, 2013. The petition was filed by Noelle James, as attorney in fact and later as guardian of the person and estate of Ms.

Gibbins. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 18, 2017, stating that the respondent did not contest entitlement to compensation.

The respondent acknowledged that Ms. Gibbins met the criteria for a Table injury under the newly revised Vaccine Injury Table and that the petitioner could be afforded a presumption of causation.

Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 18, 2017, finding Ms. Gibbins entitled to compensation.

Subsequently, on April 6, 2018, the respondent filed a Proffer on Award of Compensation, which the petitioner agreed with. On August 21, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages based on this proffer.

The award included a lump sum payment of $257,267.88 for pain and suffering and first-year life care expenses. This amount comprised $160,000.00 for pain and suffering and $97,267.88 for first-year life care expenses.

Additionally, a lump sum payment of $121,449.96 was awarded to satisfy a State of Washington Medicaid lien. A further lump sum payment of $500.00 was made for past unreimbursed medical expenses.

The decision also allocated an amount sufficient to purchase an annuity contract for future life care expenses, with specific growth rates applied to medical and non-medical items. The total compensation awarded was $430,267.88, which included the lump sums and the value of the annuity.