Nancy Spotanski v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Nancy Spotanski filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2018, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination received on September 30, 2016. The respondent filed a Rule 4(c) report on November 14, 2019, conceding that Ms.

Spotanski met the criteria set forth in the Vaccine Injury Table, which provided a presumption of causation. This presumption applies when GBS onset occurs between three and forty-two days after a seasonal flu vaccination and no alternative cause is apparent.

On November 15, 2019, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Spotanski entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on May 12, 2020, the respondent filed a proffer on the award of compensation.

The proffer recommended a total award of $128,357.66, which included $125,000.00 for pain and suffering (with projected pain and suffering reduced to net present value) and $3,357.66 for past unreimbursable expenses. Ms.

Spotanski, who is a competent adult, agreed with the proffered award. On May 13, 2020, Chief Special Master Corcoran issued a decision awarding Ms.

Spotanski the stipulated amount of $128,357.66 in the form of a check payable to her. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the mechanism of causation beyond its relation to the Vaccine Injury Table.

Petitioner was represented by Theodore J. Hong of Maglio Christopher & Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice.