Anne Rosenthal v. HHS - Influenza, Guillain-Barré syndrome (2024)

Anne Rosenthal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on September 19, 2019. She further alleged that she suffered residual effects for more than six months.

The respondent conceded entitlement, stating that Ms. Rosenthal met the criteria for a presumptive Table GBS injury and satisfied the statutory severity requirement.

The case proceeded as a Table injury claim. On November 29, 2022, a ruling on entitlement was issued, finding Ms.

Rosenthal entitled to compensation. Subsequently, on September 25, 2024, the parties filed a proffer on award of compensation.

The respondent proffered that Ms. Rosenthal should be awarded a total of $122,377.03, comprised of $117,500.00 for pain and suffering and $4,877.03 for unreimbursed out-of-pocket medical expenses.

Ms. Rosenthal, who is a competent adult, agreed with the proffered award.

The court issued a decision awarding damages on October 28, 2024, granting the lump sum payment of $122,377.03.