Elizabeth Phenneger v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2019)

Elizabeth Phenneger filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on September 21, 2016. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Phenneger was entitled to compensation. The respondent agreed that her case met the criteria for a Table injury, specifically GBS occurring within the required timeframe after a seasonal flu vaccination, and that there was no apparent alternative cause.

The respondent also confirmed that the statutory six-month sequelae requirement was satisfied and that all legal prerequisites for compensation were met. Following the ruling on entitlement, a decision was issued awarding damages based on a proffer agreed to by both parties.

The award included a lump sum of $163,000.00 for Ms. Phenneger, which encompassed approximately $13,000.00 for unreimbursed expenses, and an additional lump sum of $109,850.26 to satisfy a State of Washington Medicaid lien.

The total compensation awarded was $272,850.26.