Elva Janosik v. HHS - Influenza, Guillain-Barré syndrome (2024)

On December 6, 2022, Daniel Janosik, as the personal representative of the estate of Elva Janosik, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Elva Janosik received an influenza vaccine on October 26, 2020, subsequently developed Guillain-Barré syndrome (GBS), and that her death on December 17, 2020, was vaccine-related.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 13, 2023, conceding that the claim met the Table criteria for a GBS injury and that Ms. Janosik's death was related to her GBS.

The respondent stated that Petitioner was entitled to compensation as there was no alternative cause for Ms. Janosik's condition or death.

On November 15, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation.

Subsequently, on January 3, 2024, the respondent filed a proffer on the award of compensation, which the petitioner agreed to. On February 9, 2024, Chief Special Master Corcoran issued a decision on damages, awarding a lump sum payment of $405,000.00.

This award comprised $250,000.00 for the statutory benefit for a vaccine-related death and $155,000.00 for past pain and suffering. The award was made payable to Daniel Janosik, as personal representative of the Estate of Elva Janosik.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation beyond its relation to GBS as a Table injury.