Gayle Dillenbeck v. HHS - Influenza, Guillain-Barré syndrome (2020)

On March 27, 2017, Gayle Dillenbeck filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on October 30, 2015. Respondent conceded entitlement early in the case, and a ruling on entitlement was issued in Petitioner's favor on October 23, 2017.

The parties subsequently litigated the amount of damages. A damages hearing was held on February 19, 2019.

On July 29, 2019, Special Master Brian H. Corcoran issued a decision awarding Petitioner $221,996.64.

This award comprised $180,857.15 for pain and suffering, $38,824.90 for past lost wages, and $2,314.59 for unreimbursed expenses. The Special Master denied future lost wages.

Petitioner and Respondent filed cross-motions for review. On January 22, 2020, Senior Judge Mary Ellen Coster Williams issued an Opinion and Remand Order.

The Court affirmed the pain and suffering award but remanded the past and future lost wages determinations for re-evaluation in accordance with generally recognized actuarial principles and projections, noting that the Special Master's chosen end date for lost wages had no factual or legal basis. On May 5, 2020, the parties filed a stipulation to settle the past lost wages issue.

Chief Special Master Corcoran adopted the stipulation as his decision. The final award, based on this stipulation, totaled $221,996.64, comprising $35,000.00 for past lost wages, $2,314.59 for unreimbursed costs, and $180,857.15 for pain and suffering.

Petitioner was represented by Michael Milmoe and Leah V. Durant, and Respondent was represented by Debra F.

Begley and Joseph H. Hunt.

Special Master Brian H. Corcoran presided over the initial damages decision and the final stipulation, and Senior Judge Mary Ellen Coster Williams reviewed the decision.