Tracy Sarmiento v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Tracy Sarmiento filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2016, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her influenza vaccination on September 23, 2015. The case was assigned to the Special Processing Unit.
On May 31, 2017, the respondent filed a Rule 4(c) report conceding that Ms. Sarmiento was entitled to compensation, noting that her condition met the criteria of the Vaccine Injury Table, specifically that she suffered GBS following a seasonal flu vaccine, with onset within the time period specified in the Table.
The respondent indicated that while the revised Table governed petitions filed on or after its effective date, the evidence showed Ms. Sarmiento suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period.
Recognizing that Ms. Sarmiento could re-file and be afforded a presumption of causation under the revised Table, the respondent agreed not to contest entitlement.
A ruling on entitlement was issued on June 2, 2017, finding her entitled to compensation. On August 28, 2017, the respondent filed a proffer on award of compensation, proposing an award of $107,500.00, which Ms.
Sarmiento agreed to. On February 2, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding Ms.
Sarmiento a lump sum payment of $107,500.00 for all damages available under the Vaccine Act. Petitioner was represented by Alison H.
Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.
Theory of causation
Petitioner Tracy Sarmiento alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of her September 23, 2015, influenza vaccination. The respondent conceded entitlement to compensation, stating that petitioner satisfied the criteria set forth in the Vaccine Injury Table. Specifically, the respondent noted that petitioner suffered GBS following the administration of a seasonal flu vaccine, and that the onset occurred within the time period specified in the Table. The respondent acknowledged that the final rule amending the Table to add GBS as a Table injury for flu vaccine took effect on March 21, 2017, and that while this revised Table governed petitions filed on or after that date, the evidence showed petitioner suffered GBS following a seasonal flu vaccine with onset within the Table's specified time period. Recognizing that petitioner could re-file and be afforded a presumption of causation under the revised Table, the respondent agreed not to contest entitlement. The case was decided based on this concession and the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 2, 2017, and a decision awarding damages on February 2, 2018. Petitioner was awarded a lump sum of $107,500.00. Petitioner was represented by Alison H. Haskins, and respondent was represented by Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_16-vv-01214