Oscar A. Dighero v. HHS - Influenza, Guillain-Barre Syndrome (“GBS”) (2017)

Oscar A. Dighero filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2015, alleging he developed Guillain-Barre Syndrome (GBS) as a result of receiving an influenza vaccination on November 25, 2013.

The respondent, the Secretary of Health and Human Services, elected not to contest entitlement to compensation. A Ruling on Entitlement was issued on August 9, 2017.

On October 19, 2017, the respondent filed a proffer agreeing to payments totaling $926,894.48. This amount included a lump sum of $683,309.66 for life care expenses for the first year, lost earnings, pain and suffering, and past unreimbursable expenses, payable to Mr.

Dighero. It also included an amount sufficient to purchase an annuity contract and a lump sum payment of $243,584.82 to satisfy a State of California Medicaid lien, payable jointly to Mr.

Dighero and the Department of Health Care Services. Special Master Mindy Michaels Roth adopted the proffer and awarded compensation accordingly.

The decision was issued on October 19, 2017. Petitioner counsel was Diana Stadelnikas, Esq. of Maglio Christopher and Toale, PA.

Respondent counsel was Lisa Watts, Esq. of the U.S. Department of Justice.