Nancy Toner v. HHS - Influenza, Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP) (2016)

Nancy Toner's estate, represented by Anthony Mirra, filed a petition on September 26, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that Ms.

Toner received an influenza vaccine on or about September 29, 2011, and subsequently suffered from Guillain-Barré syndrome (GBS) and/or chronic inflammatory demyelinating polyneuropathy (CIDP). It was further alleged that Ms.

Toner's death on August 12, 2014, was a sequela of her GBS and/or CIDP. The respondent denied that Ms.

Toner suffered any injury as a result of the vaccine or that her death was a sequela of her alleged vaccine-related GBS/CIDP. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on May 31, 2016.

Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the court.

The stipulation awarded a lump sum of $6,616.93 to reimburse a State of New York Medicaid lien, payable jointly to Petitioner and the NYC Human Resources Administration. Additionally, a lump sum of $475,000.00 was awarded as compensation for all other damages, payable to Petitioner as Legal Representative of the Estate of Nancy Toner.

The total award amounted to $481,616.93. Michael J.

Williams of Cellino and Barnes, P.C. represented the Petitioner, and Gordon Elliot Shemin of the U.S. Department of Justice represented the Respondent.

The decision was issued on May 31, 2016.