Karrolee Tomchak v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Karrolee Tomchak filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2021, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 22, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 1, 2022, conceding that Ms.

Tomchak's claim met the Table criteria for GBS and that all other statutory prerequisites for compensation were satisfied. These included timely filing, vaccination in the United States, the vaccine being listed in the Vaccine Injury Table, the injury lasting for at least six months, and no prior action or compensation for the injury.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 2, 2022, finding Ms.

Tomchak entitled to compensation. Subsequently, on June 20, 2023, the parties submitted a proffer on the award of compensation.

The respondent proffered that Ms. Tomchak should be awarded a lump sum of $145,171.41, consisting of $140,000.00 for past pain and suffering and $5,171.41 for out-of-pocket expenses.

The petitioner agreed with this proffered award. On July 21, 2023, Chief Special Master Corcoran issued a decision awarding Ms.

Tomchak the lump sum of $145,171.41, representing compensation for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC. Respondent was represented by Julia Marter Collison and Joseph Adam Lewis of the U.S.

Department of Justice.