Kimberly J. Little v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)
Case summary [AI summaries can sometimes make mistakes]
On May 8, 2018, Kellie Brown, as administrator of the Estate of Kimberly J. Little, filed a petition for compensation under the National Vaccine Injury Compensation Program.
The petition alleged that Kimberly J. Little suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on October 15, 2015.
The case was assigned to the Special Processing Unit. On May 22, 2019, the respondent filed a Rule 4(c) report conceding that Ms.
Little was entitled to compensation. The respondent's report stated that medical personnel reviewed the petition and medical records, concluding that Ms.
Little suffered from GBS as set forth in the Vaccine Injury Table. The evidence showed that the GBS onset occurred within the time period specified in the Table following the influenza vaccine, and that Ms.
Little suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. On May 28, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner eligible for compensation.
Subsequently, on May 28, 2019, a decision awarding damages was issued. The respondent had previously filed a proffer on award of compensation on May 22, 2019, proposing an award of $140,000.00 for pain and suffering and $7,253.93 to satisfy a New York State Medicaid lien.
The petitioner agreed with the proffered award. Chief Special Master Dorsey awarded a total of $147,253.93.
This included a lump sum of $140,000.00 for pain and suffering, payable to Kellie Brown as administrator of Ms. Little's estate, contingent upon proof of appointment.
An additional lump sum of $7,253.93 was awarded to satisfy the New York State Medicaid lien, payable jointly to Kellie Brown as administrator and the Wayne County Department of Social Services. The petitioner was to endorse this payment to the Wayne County Department of Social Services.
The decision noted that the clerk of the court was directed to enter judgment in accordance with the decision.