Michelle Keith v. HHS - Influenza, Guillain-Barre Syndrome (2024)

Michelle Keith filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2023. She alleged that she suffered from Guillain-Barre Syndrome (GBS) following an influenza vaccination received on October 12, 2021, and that her injuries persisted for longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 12, 2024, conceding that Ms. Keith is entitled to compensation.

The respondent stated that Ms. Keith satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford a presumption of causation if GBS onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.

On June 14, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Keith eligible for compensation. Subsequently, on August 16, 2024, the respondent filed a proffer on the award of compensation.

Ms. Keith agreed to the proffered award.

On August 19, 2024, Chief Special Master Corcoran issued a decision awarding Ms. Keith a total of $93,309.17.

This amount is comprised of $93,000.00 for pain and suffering and $309.17 for past unreimbursed expenses. The award is in the form of a lump sum check payable to Ms.

Keith and represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner counsel was Catherine Wallace Costigan of Maglio Christopher & Toale, PA.

Respondent counsel was Katherine Carr Esposito of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury.