Vanessa Gamez v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Vanessa Gamez 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 September 7, 2017. Initially, the respondent conceded that Ms.

Gamez was entitled to compensation, as her condition met the criteria for a Table injury with onset within the specified timeframe. However, after reviewing additional medical evidence, the respondent later denied that Ms.

Gamez sustained a GBS Table injury or that the vaccine caused her condition. Despite maintaining this contrary position, the respondent agreed not to seek review of the Chief Special Master's determination of entitlement.

The parties subsequently filed a joint stipulation for damages. The court adopted the stipulation, awarding Ms.

Gamez a total of $211,234.54. This amount included $172,500.00 for pain and suffering, $9,954.56 for first-year life care expenses, and $14,339.98 to reimburse a Medicaid lien.

Additionally, an amount sufficient to purchase an annuity contract was awarded to cover future unreimbursable Blue Cross Blue Shield premium and out-of-pocket expenses, increasing annually over five years. The case was resolved through this stipulation, with the respondent releasing any claims related to the alleged vaccine injury in exchange for the compensation awarded.