Gail Tomashefski v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)

Gail Tomashefski filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) as a result of her November 7, 2015 influenza vaccination. The respondent conceded that petitioner suffered the Table injury of GBS following a flu vaccine within the Table time period and that there was no evidence demonstrating the condition was due to an unrelated factor.

The respondent further agreed that petitioner had met the statutory requirements for entitlement to compensation. A ruling on entitlement was issued on July 31, 2018, finding her entitled to compensation.

Subsequently, on November 13, 2018, the respondent filed a proffer on award of compensation, recommending $140,000.00 for pain and suffering and $830.00 for past unreimbursable expenses, which petitioner agreed to. The Chief Special Master awarded Gail Tomashefski a total of $140,830.00 in a decision dated December 19, 2018.