Theresa A. Winning v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Theresa A. Winning filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barre Syndrome (GBS) caused by an influenza vaccination she received on October 22, 2021.

The petition was filed on December 13, 2021. Respondent conceded that Petitioner was entitled to compensation, agreeing that her condition met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and Petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months. A ruling on entitlement was issued on November 7, 2023, finding Petitioner entitled to compensation for GBS.

Subsequently, on October 12, 2023, Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $220,309.85. This amount included $217,500.00 for pain and suffering and $2,809.85 for unreimbursed out-of-pocket expenses.

Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on November 21, 2023, granting Petitioner a lump sum payment of $220,309.85.