Carol T. Nosches v. HHS - Influenza, Guillain-Barré syndrome (2019)

Filed 2016-12-16Decided 2019-01-28Vaccine Influenza
compensated$660,634

Case summary [AI summaries can sometimes make mistakes]

Carol T. Nosches filed a petition for vaccine compensation on December 16, 2016, alleging that the influenza vaccine she received on or about October 28, 2014, caused her to develop Guillain-Barré syndrome (GBS) and that she suffered residual effects for more than six months.

The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the vaccine caused her injury.

The parties reached a joint stipulation to settle the case. As part of the settlement, Carol T.

Nosches was awarded a lump sum of $660,634.97, which represents compensation for first-year life care expenses ($158,788.19), lost earnings ($306,846.78), pain and suffering ($175,000.00), and past unreimbursable expenses ($20,000.00). Additionally, an amount sufficient to purchase an annuity contract for future expenses was awarded.

The annuity contract will provide periodic payments for various future unreimbursable expenses, including Medicare Supplement F and Part D expenses, home care, and mileage, with specified annual amounts and annual increases. The decision was filed by Special Master Christian J.

Moran on January 28, 2019, and the petition was filed on December 16, 2016. The stipulation also noted that petitioner received a tetanus vaccine on or about October 28, 2014, and respondent denied that either vaccine caused the alleged injury.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. Petitioner was represented by Lisa Roquemore, and respondent was represented by Christine M.

Becer.

Theory of causation

Petitioner Carol T. Nosches alleged that an influenza vaccine received on or about October 28, 2014, caused Guillain-Barré Syndrome (GBS), an injury listed on the Vaccine Injury Table, and that she suffered residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for settlement. The public text does not name specific medical experts or describe the mechanism of injury. The award included a lump sum of $660,634.97 for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses, plus an amount for a future annuity contract. The decision was filed by Special Master Christian J. Moran on January 28, 2019. Petitioner was represented by Lisa Roquemore, and respondent was represented by Christine M. Becer.

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