Michelle Marie Cobenais v. HHS - Influenza, Guillain-Barre Syndrome (2019)

Michelle Marie Cobenais filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 7, 2015. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Cobenais was entitled to compensation. The respondent acknowledged that her case met the criteria of the Vaccine Injury Table, which provides a presumption of causation for GBS occurring within a specific timeframe after a seasonal flu vaccination, provided there is no alternative cause.

The respondent also agreed that Ms. Cobenais experienced sequelae for more than six months and satisfied all legal prerequisites for compensation.

A ruling on entitlement was issued on May 2, 2019, finding her entitled to compensation. Subsequently, on September 3, 2019, the respondent filed a proffer on award of compensation, recommending an award of $120,000.00, which Ms.

Cobenais agreed to. This amount was intended to cover all damages available under the Vaccine Act.

The Chief Special Master issued a decision awarding Ms. Cobenais a lump sum payment of $120,000.00 on November 18, 2019.