Lynette Pestel v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Lynette Pestel filed a petition on June 16, 2017, alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on September 26, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on February 15, 2018, concluding that compensation was appropriate under the National Vaccine Injury Compensation Program.
The respondent stated that Ms. Pestel satisfied the criteria for GBS following a flu vaccination as set forth in the Vaccine Injury Table.
Based on the respondent's position and the evidence of record, Special Master Herbrina Sanders found that Ms. Pestel is entitled to compensation for her GBS and its related sequelae.
The parties were ordered to file a status report on settlement discussions by March 23, 2018. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Shealene Wasserman of Muller Brazil, LLP, and Respondent was represented by Debra A. Begley of the United States Department of Justice.
Theory of causation
Petitioner Lynette Pestel alleged GBS following an influenza vaccine administered on September 26, 2014. Respondent conceded entitlement, stating Petitioner met the criteria for GBS as set forth in the Vaccine Injury Table. The Special Master found Petitioner entitled to compensation for GBS and its sequelae. The public decision does not name experts or detail the specific mechanism of injury, but relies on the Vaccine Injury Table. The outcome was compensated. Special Master Herbrina Sanders issued the ruling on entitlement on March 19, 2018. Petitioner counsel was Shealene Wasserman, and Respondent counsel was Debra A. Begley.
Source PDFs
USCOURTS-cofc-1_17-vv-00814