Frances Labonte v. HHS - Influenza, Guillain-Barré Syndrome (2021)
Case summary [AI summaries can sometimes make mistakes]
Frances Labonte, the decedent, filed a petition on October 18, 2017, alleging that the influenza vaccine she received on October 28, 2014, caused her to develop Guillain-Barré Syndrome (GBS). Her daughter, Cheryl David, was later appointed as the legal representative of the estate.
The respondent filed a Rule 4(c) report conceding that the petitioner met the requirements for compensation under the Vaccine Injury Table for GBS. The respondent noted that the decedent's GBS did not cause or contribute to her death.
On June 3, 2021, a Ruling on Entitlement was issued, finding the petitioner entitled to compensation for GBS and its sequelae, but not for her death. On July 26, 2021, the respondent filed a Proffer on Award of Compensation.
The parties agreed to a total award of $326,800.14, comprising $225,000.00 for pain and suffering and $101,800.14 to satisfy the Massachusetts Medicaid lien. Judgment was entered on August 31, 2021.
Source PDFs
USCOURTS-cofc-1_17-vv-01554