Steinar Lee v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Steinar Lee filed a petition for compensation under the National Vaccine Injury Compensation Program on April 30, 2019, alleging Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 12, 2020, conceding that the petitioner was entitled to compensation.
The respondent concluded that Steinar Lee suffered the Table injury of GBS following a flu vaccine within the Table time period and that the medical records established that the petitioner suffered the residual effects of her GBS for more than six months, with no preponderance of evidence demonstrating that the condition was due to a factor unrelated to the flu vaccine. On June 23, 2020, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Steinar Lee entitled to compensation. Subsequently, on September 1, 2021, the parties filed a joint proffer on damages.
On October 8, 2021, Chief Special Master Brian H. Corcoran issued a decision awarding damages based on this proffer.
Steinar Lee, a competent adult, was awarded a lump sum of $328,155.19. This award included $162,000.00 for pain and suffering, $162,192.00 for actual loss of earnings, and $3,963.19 for actual unreimbursable expenses.
The case was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates for the petitioner and Lynn Christina Schlie of the U.S. Department of Justice for the respondent.
The public decision does not describe the onset of symptoms, specific medical tests, or treatments.
Theory of causation
Steinar Lee alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on November 2, 2017. The respondent conceded entitlement, agreeing that GBS is a Table injury following a flu vaccine within the Table time period and that the condition was not due to an unrelated factor, with residual effects lasting more than six months. The public text does not name specific medical experts or detail the mechanism of causation beyond the Table injury designation. The case resulted in a ruling on entitlement on June 23, 2020, by Chief Special Master Brian H. Corcoran, and a subsequent award of $328,155.19 on October 8, 2021, based on a joint proffer. The award comprised a lump sum of $162,000.00 for pain and suffering, $162,192.00 for actual loss of earnings, and $3,963.19 for actual unreimbursable expenses. Petitioner was represented by Jeffrey S. Pop and respondent by Lynn Christina Schlie.
Source PDFs
USCOURTS-cofc-1_19-vv-00641