Abeje Schnake v. HHS - Influenza, Guillain-Barre Syndrome (GBS) Miller-Fisher Variant (2019)

Abeje Schnake filed a petition for vaccine compensation on August 14, 2018, alleging that she suffered Guillain-Barré Syndrome (GBS) Miller-Fisher Variant as a result of an influenza vaccine received on October 7, 2015. She also received a meningococcal conjugate vaccine on the same day.

Petitioner alleged her injury resulted in inpatient hospitalization and surgical intervention. Respondent denied that petitioner sustained a GBS Table injury or that the vaccines caused her condition, and further denied that the condition resulted in surgical intervention or residual effects lasting more than six months.

Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court.

The award included a lump sum of $3,000.00 payable to the petitioner, a lump sum of $57,502.04 to reimburse a Medicaid lien, payable jointly to petitioner and Optum, and an amount to purchase an annuity contract for future damages. The annuity contract was to provide specific lump sum payments on September 16 of 2020, 2021, and 2022, totaling $61,559.71.

The total compensation awarded was $60,502.04 in immediate payments, plus the annuity. Petitioner was represented by Jerome A.

Konkel of Samster, Konkel & Safran, S.C., and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

The decision was based on the joint stipulation, and the parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages, except for attorneys' fees and litigation costs, which were to be determined in further proceedings.