Kathleen Mosley v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)

Kathleen Mosley filed a petition under the National Vaccine Injury Compensation Program on October 10, 2017, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine received on October 10, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Mosley was entitled to compensation. The respondent concluded that Ms.

Mosley suffered the Table injury of GBS following a flu vaccine within the Table time period, and that there was no evidence that her GBS was due to a factor unrelated to the vaccination. The respondent also agreed that the claim met the statutory severity requirements because Ms.

Mosley experienced sequelae of her GBS for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 28, 2018, finding Ms.

Mosley entitled to compensation. Subsequently, on February 1, 2019, the parties filed a proffer on the award of compensation.

The respondent proffered that Ms. Mosley should be awarded $145,108.90, consisting of $145,000.00 for pain and suffering and $108.90 for unreimbursed medical expenses.

Additionally, the proffer included $2,601.38 to satisfy the State of Oklahoma Medicaid lien. Ms.

Mosley agreed with the proffered award. Chief Special Master Dorsey issued a decision on March 13, 2019, awarding Ms.

Mosley a total of $147,710.28, comprising the lump sum of $145,108.90 payable to her and the lump sum of $2,601.38 payable jointly to Ms. Mosley and the Oklahoma Health Care Authority to satisfy the Medicaid lien.

The case proceeded as a Table claim, and the parties stipulated to the award amount. Petitioner's counsel was DeeAnn Lee Germany of Burch, George & Germany.

Respondent's counsel was Darryl R. Wishard of the U.S.

Department of Justice.