Dayane Penderis v. HHS - Influenza, Guillain-Barre Syndrome (2019)

Dayane Penderis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on November 14, 2016. The respondent conceded that Ms.

Penderis is entitled to compensation, concluding that she suffered a Table injury of GBS following a flu vaccine within the Table time period and that there was no preponderance of evidence that her GBS was due to an unrelated factor. The respondent also agreed that her sequelae lasted more than six months.

Based on the concession, the Chief Special Master found Ms. Penderis entitled to compensation.

Subsequently, the parties reached a proffer on the award of compensation. The court awarded Ms.

Penderis a total of $220,916.95, comprising $170,000.00 for pain and suffering, $8,546.95 for past out-of-pocket medical expenses, and $42,369.61 to satisfy a State of California Medicaid lien. Ms.

Penderis is a competent adult, and the award was made in two lump sum payments.