Marcia Miller v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Marcia Miller, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 23, 2017. She alleged that she developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccine on September 29, 2015.

Ms. Miller further alleged that she received the vaccination in the United States, suffered the effects of her injury for more than six months, and had not brought a civil action or received compensation for her injury.

The case was assigned to the Special Processing Unit. On July 28, 2017, the respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that he did not contest entitlement.

The respondent indicated that Ms. Miller satisfied the criteria set forth in the newly revised Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Specifically, the respondent noted that the evidence showed Ms. Miller suffered GBS following the administration of a seasonal flu vaccine, and the onset occurred within the time period specified in the Table.

The respondent concluded that because Ms. Miller would be entitled to a presumption of causation under the revised Table if she had re-filed her petition, the respondent would not contest entitlement.

On July 28, 2017, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding Ms. Miller entitled to compensation.

Subsequently, on October 27, 2017, the respondent filed a proffer on the award of compensation. The respondent proffered that Ms.

Miller should be awarded $160,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical expenses, for a total award of $160,500.00. The respondent represented that Ms.

Miller agreed with this proffered award. Based on the record, Chief Special Master Dorsey issued a Decision Awarding Damages on February 16, 2018.

The award was a lump sum payment of $160,500.00, paid as a check to Marcia Miller. This total amount represented $160,000.00 for past and future pain and suffering and $500.00 for past unreimbursed medical expenses.

Petitioner's counsel was Randall G. Knutson of Knutson & Casey Law Firm.

Respondent's counsel was Debra A. Filteau Begley of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond its alignment with the Vaccine Injury Table.

The decision also does not name any medical experts.