Beth Nemechek v. HHS - Influenza, Guillain-Barre syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
Beth Nemechek filed a petition for compensation under the National Vaccine Injury Compensation Program on July 5, 2017, alleging that she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine received on November 11, 2015. The respondent filed a Rule 4(c) report on March 29, 2018, conceding that Ms.
Nemechek satisfied the criteria set forth in the Vaccine Injury Table for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 29, 2018, finding Ms.
Nemechek entitled to compensation. Subsequently, on January 27, 2021, the respondent filed a proffer on award of compensation.
Chief Special Master Brian H. Corcoran issued a decision on March 4, 2021, awarding Ms.
Nemechek a lump sum of $244,064.21. This award was comprised of $75,000.00 for actual and projected pain and suffering at net present value, $1,862.21 for past unreimbursed expenses, and $167,202.00 for loss of earnings.
Ms. Nemechek, an adult, agreed with the proffered award.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice.
Theory of causation
Petitioner Beth Nemechek alleged Guillain-Barre syndrome (GBS) resulting from an influenza vaccine administered on November 11, 2015. The respondent conceded that petitioner satisfied the criteria set forth in the Vaccine Injury Table for compensation. A ruling on entitlement was issued on March 29, 2018, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. On March 4, 2021, Chief Special Master Brian H. Corcoran issued a decision awarding $244,064.21, based on a proffer agreed to by the petitioner. The award included $75,000.00 for pain and suffering, $1,862.21 for past unreimbursed expenses, and $167,202.00 for loss of earnings. The theory of causation relied on the Vaccine Injury Table. The public decision does not name specific medical experts or detail the mechanism of injury beyond its inclusion in the Table.
Source PDFs
USCOURTS-cofc-1_17-vv-00907