Anita Javorski v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)

Anita Javorski filed a petition for compensation under the National Vaccine Injury Compensation Program on July 7, 2017, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 19, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 11, 2018, conceding that Ms.

Javorski suffered the Table injury of GBS following a flu vaccine within the Table time period and experienced residual effects for more than six months. Based on this concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 16, 2018, finding Ms.

Javorski entitled to compensation. Subsequently, on March 28, 2019, the respondent filed a proffer on the award of compensation, indicating that Ms.

Javorski agreed with the proposed award. On May 29, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages.

The award included a lump sum payment of $154,594.00, which comprised $14,594.00 for life care expenses in the first year and $140,000.00 for pain and suffering. Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future life care expenses as outlined in a joint life care plan, with payments to begin in Year Two and continue for Ms.

Javorski's life. The annuity payments were to be provided by the life insurance company from which the annuity would be purchased, with specific growth rates applied to medical and non-medical life care items.

The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments. Petitioner was represented by Randall G.

Knutson of Knutson & Casey Law Firm, and respondent was represented by Ann Donohue Martin and later Colleen Clemons Hartley of the U.S. Department of Justice.