Elizabeth McCann v. HHS - Influenza, Guillain Barré Syndrome (GBS) (2019)

On June 19, 2018, Elizabeth McCann filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain Barré Syndrome (GBS) after receiving an influenza vaccine on October 14, 2016. Petitioner stated the vaccine was administered in the United States, her GBS persisted for more than six months, and there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent denied that petitioner sustained a GBS Table injury and denied that the influenza vaccine caused her GBS or any other injury. Despite these positions, the parties filed a joint stipulation on November 21, 2019, agreeing to settle the issues and award compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages.

Pursuant to the stipulation, Elizabeth McCann was awarded a lump sum of $132,311.51, payable by check to Petitioner. This amount represents compensation for all items of damages available under the Vaccine Act.

The stipulation also addressed future proceedings for attorneys' fees and costs. In exchange for the payment, Elizabeth McCann released the United States and the Secretary of Health and Human Services from all claims related to the alleged vaccine injury.

The decision was entered on November 21, 2019. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Christine Mary Becer of the U.S.

Department of Justice.