Yvonne Diaz v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2018)
Case summary [AI summaries can sometimes make mistakes]
Yvonne Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2017, alleging that she suffered Guillain-Barré Syndrome (GBS) within 3-42 days of receiving the seasonal influenza vaccine on November 19, 2014. The respondent filed a Rule 4(c) report on December 15, 2017, conceding that Ms.
Diaz is entitled to compensation. The respondent concluded that she suffered GBS following a flu vaccine within the Table time period and that there was not a preponderance of the medical evidence that her GBS was due to a factor unrelated to the vaccination.
On December 20, 2017, the Chief Special Master issued a Ruling on Entitlement, finding Ms. Diaz entitled to compensation.
Subsequently, on July 17, 2018, the respondent filed a proffer on award of compensation, indicating that Ms. Diaz should be awarded $163,000.00.
This amount represented $149,536.06 for past and future pain and suffering and $13,463.94 for unreimbursable, vaccine-related expenses. Ms.
Diaz agreed with the proffered award. The Chief Special Master issued a Decision Awarding Damages on October 17, 2018, awarding Ms.
Diaz a lump sum payment of $163,000.00.
Source PDFs
USCOURTS-cofc-1_17-vv-00496