Erny Pope v. HHS - Influenza, Guillain-Barré syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Erny Pope filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on September 23, 2021. This was alleged to be a Table injury, meaning the condition is presumed to be caused by the vaccine if certain criteria are met.
The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records and conceded that Ms. Pope was entitled to compensation.
The respondent noted that her case met the criteria for a Table injury, specifically that GBS onset occurred within the specified timeframe after a flu vaccination, with no more likely alternative diagnosis or apparent alternative cause. A ruling on entitlement was issued on March 22, 2024, finding Ms.
Pope entitled to compensation. Subsequently, on June 7, 2024, the parties filed a proffer on award of compensation.
The respondent recommended, and Ms. Pope agreed, that she should be awarded $173,519.80.
This amount represents compensation for pain and suffering ($160,000.00), past unreimbursable expenses ($1,577.00), and past lost wages ($11,942.80). The decision awarding damages was issued on July 8, 2024, granting the lump sum payment to Ms.
Pope.
Source PDFs
USCOURTS-cofc-1_23-vv-00205