Wisteria Peoples v. HHS - Influenza, Guillain-Barre Syndrome (2021)

On November 2, 2020, Wisteria Peoples filed a petition on behalf of her minor daughter, S.P., seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that S.P. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on December 7, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 12, 2021, conceding that S.P. was entitled to compensation. The respondent concluded that the injury met the criteria for a flu-GBS Table injury, as defined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 18, 2021, finding Petitioner entitled to compensation.

Subsequently, on November 10, 2021, the parties submitted a joint proffer for an award of compensation. The respondent proposed an award of $17,866.35 to satisfy the State of Ohio Medicaid lien and $85,000.00 to purchase an annuity contract for pain and suffering.

The petitioner agreed with this proffered award. On December 20, 2021, Chief Special Master Corcoran issued a decision awarding a total of $102,866.35.

This award comprised a lump sum of $17,866.35, payable jointly to Petitioner and the Ohio Tort Recovery Unit, to satisfy the Medicaid lien. Additionally, $85,000.00 was awarded to purchase an annuity contract for S.P.

The annuity contract was to provide semi-annual payments of $10,881.28 for four years certain, beginning September 11, 2024. The public decision does not describe the specific onset of symptoms, medical tests, or treatments S.P. received.

Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Julia Marter Collison of the U.S. Department of Justice.

The case was compensated based on a Table injury theory.