Anita Kaplan v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Filed 2018-11-20Decided 2020-11-19Vaccine Influenza
compensated$219,245

Case summary [AI summaries can sometimes make mistakes]

Anita Kaplan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 26, 2017. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Respondent conceded that Petitioner was entitled to compensation, concluding that her condition met the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. A ruling on entitlement was issued on December 23, 2019, finding Petitioner entitled to compensation.

Subsequently, on October 15, 2020, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $219,245.09. Petitioner agreed with this proffered award.

The Chief Special Master issued a decision awarding damages on November 19, 2020, granting Petitioner a lump sum payment of $219,245.09, which included $210,000.00 for pain and suffering and $9,245.09 for past unreimbursable expenses. This award represented compensation for all damages available under the Vaccine Act.

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