Sandra Herzig v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2019)
Case summary [AI summaries can sometimes make mistakes]
Sandra Herzig filed a petition for compensation on February 13, 2018, alleging that the influenza vaccine she received on September 20, 2016, caused her to suffer Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent, the Secretary of Health and Human Services, reviewed Ms.
Herzig's medical records and concluded in a report filed December 6, 2018, that she suffered from GBS, not CIDP, and that her case met the criteria for compensation under the Vaccine Injury Table. On December 10, 2018, Special Master Christian J.
Moran issued a ruling on entitlement, finding that Ms. Herzig was entitled to compensation based on her GBS injury, acknowledging the respondent's concession.
Subsequently, on February 12, 2019, the parties filed a Proffer on Award of Compensation, which petitioner agreed to. On March 13, 2019, Special Master Christian J.
Moran issued a decision awarding Ms. Herzig a lump sum payment of $150,150.58.
This award was comprised of $150,000.00 for pain and suffering and $150.58 for past unreimbursable expenses. The case was resolved through this proffer, and judgment was to be entered accordingly.
Petitioner's counsel was Ronald C. Homer of Conway, Homer, P.C.
Respondent's counsel was Julia M. Collison of the U.S.
Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.
Theory of causation
Petitioner Sandra Herzig alleged that an influenza vaccine administered on September 20, 2016, caused Guillain-Barré syndrome (GBS) and chronic inflammatory demyelinating polyneuropathy (CIDP). The respondent conceded that petitioner suffered from GBS and met the criteria under the Vaccine Injury Table. Special Master Christian J. Moran issued a ruling on entitlement on December 10, 2018, finding petitioner entitled to compensation for GBS. A subsequent decision on March 13, 2019, awarded petitioner $150,150.58, consisting of $150,000.00 for pain and suffering and $150.58 for past unreimbursable expenses, based on a proffer agreed to by both parties. The public text does not name specific medical experts or detail the mechanism of causation beyond its inclusion in the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_18-vv-00218