Bernetta Polley v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Bernetta Polley filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2021. She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on October 28, 2018.

Ms. Polley further alleged that she experienced residual effects for more than six months, had not received prior compensation for her injuries, and that the vaccination occurred within the United States.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 22, 2022, conceding that Ms. Polley was entitled to compensation.

The respondent concluded that Ms. Polley met the criteria for a Table injury of GBS following an influenza vaccine and satisfied the necessary statutory and jurisdictional factors.

On February 23, 2022, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Polley eligible for compensation. Subsequently, on April 27, 2023, the respondent filed a proffer recommending an award of $160,000.00 for pain and suffering.

The proffer stated that Ms. Polley agreed with this proposed award.

On April 28, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Polley a lump sum payment of $160,000.00, payable by check to her.

This amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Ms.

Polley is a competent adult, and no evidence of guardianship was required. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Petitioner's counsel was Randall G. Knutson of Knutson & Casey Law Firm, and respondent's counsel was Jennifer A.

Shah of the U.S. Department of Justice.