Marci Talley Banks v. HHS - Influenza, Guillain-Barre syndrome (2021)

Marci Talley Banks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 18, 2016. She further alleged that she experienced residual effects of the injury for more than six months.

Respondent denied that petitioner sustained the onset of a GBS Table injury within the required timeframe and denied that the vaccine caused her alleged injuries. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as its decision. Marci Talley Banks was awarded a lump sum of $371,400.00, representing compensation for all damages available under the Vaccine Act.

This amount covers all items of damages, and the parties agreed to this settlement as a full resolution of liability and damages, except for potential future awards of attorneys' fees and costs.