Mary Lepper v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2019)

Filed 2018-07-10Decided 2019-11-05Vaccine Influenza
compensated$165,000

Case summary [AI summaries can sometimes make mistakes]

Mary Lepper filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2018, alleging she suffered Guillain-Barre syndrome (GBS) as a result of an influenza vaccine and/or a pneumococcal PCV-13 vaccine administered on October 26, 2015. The case was assigned to the Special Processing Unit.

A ruling on entitlement was issued on June 17, 2019, finding Ms. Lepper entitled to compensation for GBS.

The respondent filed a proffer on award of compensation on July 30, 2019, indicating that Ms. Lepper should be awarded $165,000.00, an amount to which she agreed.

Chief Special Master Nora Beth Dorsey issued a decision on November 5, 2019, awarding Ms. Lepper a lump sum payment of $165,000.00, representing compensation for all damages available under the Vaccine Act.

The case proceeded as a Table claim, and entitlement was granted, leading to this damages award. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Daniel Anthony Principato of the U.S.

Department of Justice.

Theory of causation

Petitioner Mary Lepper alleged Guillain-Barre syndrome (GBS) following administration of an influenza and/or pneumococcal PCV-13 vaccine on October 26, 2015. The case proceeded as a Table claim. A ruling on entitlement was issued on June 17, 2019, finding petitioner entitled to compensation. On July 30, 2019, respondent filed a proffer on award of compensation, agreeing to a $165,000.00 lump sum payment to petitioner, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on November 5, 2019, awarding the $165,000.00 lump sum. The public decision does not detail the specific mechanism of causation, expert testimony, or clinical findings beyond the diagnosis of GBS.

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