M.M. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Emily and Ryan Moss, on behalf of their minor child M.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on April 26, 2018. They alleged that M.M. suffered Guillain-Barre Syndrome (GBS) as a result of influenza and hepatitis A vaccinations received on November 1, 2016.

The petition stated that the vaccines were administered in the United States, that M.M. suffered residual effects for more than six months, and that no prior award or settlement had been made. The respondent denied that M.M. sustained a GBS Table injury and denied that the vaccines caused M.M.'s alleged GBS or any other injury.

The respondent noted that M.M. suffered a viral illness in close temporal proximity to the onset of his alleged GBS, which was a more likely cause. Despite these denials, the parties filed a joint stipulation on July 1, 2020, agreeing to an award of compensation.

Chief Special Master Brian H. Corcoran adopted the stipulation as the decision awarding damages.

The award included a lump sum of $15,000.00 for past unreimbursable expenses, payable to Petitioners. Additionally, a lump sum of $7,027.16 was awarded for reimbursement of a lien for vaccine injury-related services rendered on behalf of M.M., payable jointly to Petitioners and the Agency for Health Care Administration, and mailed to Florida Medicaid Casualty Recovery Program.

Petitioners agreed to endorse this check to the Agency for Health Care Administration. Another lump sum of $40,781.08 was awarded for reimbursement of a lien for vaccine injury-related services rendered on behalf of M.M., payable jointly to Petitioners and the Florida Department of Health, Children’s Medical Services, and mailed to Florida Department of Health, Children’s Medical Services.

Petitioners agreed to endorse this check to the Florida Department of Health, Children’s Medical Services. The decision also included an amount sufficient to purchase an annuity contract, paid to the life insurance company from which the annuity would be purchased.

The total compensation awarded was $62,708.24 plus the annuity. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

The attorneys involved were Alison H. Haskins for the petitioners and Camille Michelle Collett for the respondent.