Elena Borisevich v. HHS - Influenza, Guillain-Barré syndrome (2024)

Filed 2023-07-19Decided 2024-11-07Vaccine Influenza
compensated$125,000

Case summary [AI summaries can sometimes make mistakes]

Elena Borisevich 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 October 28, 2021. The respondent, the Secretary of Health and Human Services, conceded that Ms.

Borisevich was entitled to compensation. The respondent agreed that her condition, GBS, is a Table injury and that she met the criteria for a presumption of causation, as the onset occurred within the Table-defined window following a seasonal flu vaccination and there was no apparent alternative cause.

A Ruling on Entitlement was issued on July 10, 2024, finding her entitled to compensation. Subsequently, the parties filed a joint stipulation for damages.

On November 7, 2024, a Decision on Damages was issued, adopting the stipulation. Ms.

Borisevich was awarded a lump sum of $125,000.00, representing compensation for all damages available under the Vaccine Act. This award covers her GBS injury, which is a condition listed on the Vaccine Injury Table.

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