Sherry Leighton-Herrmann v. HHS - Influenza, Guillain Barre syndrome (GBS) (2021)

Sherry Leighton-Herrmann filed a petition for compensation under the National Vaccine Injury Compensation Program on July 16, 2019, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 5, 2016. She represented that the vaccine was given in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition.

Respondent denied that Ms. Leighton-Herrmann sustained a GBS Table injury, denied that her GBS was caused-in-fact by the flu vaccine, and denied that the vaccine caused her any other injury.

Despite these denials, the parties filed a joint stipulation on April 1, 2021, agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision.

Ms. Leighton-Herrmann was awarded a lump sum of $105,000.00, representing compensation for all items of damages available under the Vaccine Act.

This award was made pursuant to a settlement that does not constitute an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the alleged injury.