Helene Frost v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2017)
Case summary [AI summaries can sometimes make mistakes]
On December 20, 2016, petitioner Helene Frost filed a petition under the National Childhood Vaccine Injury Act, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on November 18, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 7, 2017, stating that the respondent did not contest entitlement to compensation in this case.
The parties subsequently submitted a proffer on the award of compensation. Special Master Laura D.
Millman reviewed the proffer and found its terms to be reasonable. Based on the record, the Special Master awarded Helene Frost a lump sum payment of $75,000.00, representing all elements of compensation to which she would be entitled under 42 U.S.C. § 300aa-15(a).
The award was to be paid in the form of a check for $75,000.00 made payable to petitioner. The decision was issued on September 13, 2017.
Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Lynn E.
Ricciardella. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Helene Frost alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 18, 2015. The respondent, the Secretary of Health and Human Services, did not contest entitlement. The parties submitted a proffer on award of compensation, agreeing to a lump sum payment of $75,000.00 representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Special Master Laura D. Millman found the proffer reasonable and awarded the compensation on September 13, 2017. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.
Source PDFs
USCOURTS-cofc-1_16-vv-01671