Kelsey Rathjen v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Kelsey Rathjen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination received on October 19, 2015. The petition stated that her injury met the Table definition for GBS, was received in the United States, and resulted in residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Rathjen was entitled to compensation.

The respondent agreed that her GBS onset occurred within the time period specified in the Vaccine Injury Table following a seasonal flu vaccination and that there was no apparent alternative cause. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms.

Rathjen eligible for compensation. Subsequently, the parties submitted a proffer on award of compensation.

The respondent proffered that Ms. Rathjen should be awarded $185,736.65, which included $180,000.00 for pain and suffering, $5,565.23 for past unreimbursable expenses, and $171.42 for an outstanding medical bill.

Ms. Rathjen agreed with this proffered award.

The Chief Special Master issued a decision awarding the total amount of $185,736.65, to be paid through lump sum payments as specified in the proffer.