Kristina Lemon v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)

Kristina Lemon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 26, 2020. Her symptoms, including weakness and decreased sensation in her lower extremities, began approximately 16 days after vaccination.

Respondent conceded entitlement, agreeing that her condition was a Table injury and that she met the criteria for a presumption of causation. The parties were unable to agree on damages, leading to a decision awarding compensation.

The court found that Ms. Lemon is entitled to an award of $149,370.00, which includes $145,000.00 for pain and suffering and $4,370.00 for unreimbursed out-of-pocket expenses.

The court considered the severity and duration of her GBS, noting her initial hospitalization, IVIG treatment, and subsequent therapies, as well as residual symptoms like numbness and fatigue that persisted for about a year. While acknowledging her ongoing symptoms, the court did not award future damages due to insufficient evidence of continued treatment or significant impacts on employment.

The award aims to compensate for her actual pain and suffering and related expenses.