Jane B. Rushing v. HHS - Influenza, Guillain-Barré syndrome (2025)

Jane B. Rushing, a 68-year-old adult, filed a claim on March 14, 2019, alleging that an influenza vaccine received on November 20, 2012, caused her to develop Guillain-Barré syndrome (GBS).

The claim was considered timely due to a 2017 amendment to the Vaccine Injury Table adding flu vaccine-GBS claims, which allowed for a "lookback" provision. The respondent contended that Ms.

Rushing's symptoms were caused by chemotherapy treatments she received for breast cancer prior to vaccination and that her condition was not GBS. The Chief Special Master, Brian H.

Corcoran, found that Ms. Rushing met the requirements for a Table claim, concluding that her GBS diagnosis was supported by medical records and expert opinions, and that her chemotherapy treatments were not the predominant cause of her severe neurological symptoms.

The onset of her GBS-specific symptoms was determined to have occurred within the Table's 3-42 day window following vaccination. The court awarded Ms.

Rushing compensation, including a lump sum of $393,710.34 for first-year life care expenses, pain and suffering, and past unreimbursable expenses, as well as an amount for future life care expenses to be purchased as an annuity. The decision was issued on February 16, 2024, with the final award decision on March 20, 2025.

Petitioner was represented by Nancy R. Meyers, and respondent was represented by Jennifer A.

Shah and later Sarah B. Rifkin.