Gina Cegielski v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Filed 2017-04-26Decided 2021-04-15Vaccine Influenza
compensated$189,243

Case summary [AI summaries can sometimes make mistakes]

Gina Cegielski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 12, 2015. The respondent conceded that Ms.

Cegielski was entitled to compensation, as her GBS was a Table injury with onset within the specified timeframe after a seasonal flu vaccination. The case proceeded to a damages determination because the parties could not agree on the compensation amount.

Ms. Cegielski's GBS was relatively mild, requiring a three-day hospital stay and outpatient IVIG treatment.

However, she later developed right shoulder pain after a fall, which an orthopedic surgeon opined was a provocative factor in causing tendon tears and muscle atrophy, prolonging her recovery from surgery. The court considered both the GBS and the subsequent shoulder injury when determining damages.

Ultimately, Chief Special Master Corcoran awarded Gina Cegielski a total of $189,243.58. This amount included $180,000.00 for pain and suffering, $2,056.45 for past unreimbursable expenses, and $7,187.13 in lost wages.

The award for pain and suffering was determined to be reasonable, reflecting the GBS and the complicated recovery from her shoulder surgery, while acknowledging that the direct GBS itself did not require extensive medical treatment.

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