Emily Brawner v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2019)

Emily Brawner filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2018, alleging she suffered from Guillain Barre Syndrome (GBS) as a result of an influenza vaccination administered on November 6, 2015. She stated the vaccination occurred within the United States, that she experienced residual effects of the condition for more than six months, and that she had no prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Brawner sustained a GBS Table injury and denied that the flu vaccine caused her alleged GBS or any other injury.

Despite these positions, the parties filed a joint stipulation on November 20, 2019, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and adopted it as his decision. The decision awarded compensation totaling $61,202.45.

This amount included a lump sum of $11,202.45 to satisfy the State of Kansas Medicaid lien, payable jointly to the petitioner and Equian. An additional lump sum of $50,000.00 was awarded to the petitioner for all other damages.

The decision noted that the parties agreed to this settlement as a compromise of their respective positions on liability and/or damages. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.

Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Gabrielle Manganiello Fielding of the U.S. Department of Justice.