Anita Gross v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)

Anita Gross filed a petition alleging that she suffered Guillain-Barré Syndrome (GBS) caused by the influenza vaccine she received on October 25, 2017. She alleged that she received the vaccine in the United States and suffered residual effects for more than six months.

The respondent conceded that Ms. Gross was entitled to compensation, finding that her case met the criteria of the Vaccine Injury Table for GBS following a seasonal flu vaccination, with onset between three and forty-two days after vaccination and no apparent alternative cause.

The case proceeded to damages. Ms.

Gross initially sought compensation for pain and suffering, past and future lost earnings, and out-of-pocket expenses. She later withdrew her request for future lost earnings and most of her past lost earnings, seeking only $1,870.40 for two weeks of leave taken during her illness, including 74 hours of paid time off (PTO) and six hours of unpaid leave.

The respondent argued against compensation for PTO, stating she would be paid twice. The Chief Special Master awarded Ms.

Gross $160,000.00 for pain and suffering, $798.75 for past lost wages (representing six hours of unpaid leave and half of the PTO hours), and $5,391.10 for past out-of-pocket expenses, totaling $166,189.85. The respondent sought review of the award for past lost earnings, but the court denied the motion, upholding the Special Master's decision.