Mary Ligouri v. HHS - Influenza, Guillain-Barré syndrome (2021)

Mary Ligouri filed a petition on June 12, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 3, 2018.

The respondent initially recommended against compensation, suggesting that symptoms attributable to GBS may have preceded the vaccination. However, after the petitioner filed an expert report from Dr.

Peter-Brian Andersson, a board-certified neurologist, on April 20, 2020, which addressed symptoms prior to vaccination, the respondent filed an Amended Rule 4(c) Report on October 2, 2020. In this amended report, the respondent stated that the petitioner met the criteria for a Table injury, affording a presumption of causation, provided the GBS diagnosis was sound, onset occurred between three and forty-two days after vaccination, and no more likely alternative diagnosis existed.

The respondent requested a ruling on entitlement based on the record. Special Master Katherine E.

Oler issued a Ruling on Entitlement on April 15, 2021, finding Ms. Ligouri entitled to compensation.

Subsequently, the parties submitted a proffer agreement for damages. On April 16, 2021, the respondent filed a proffer agreeing to an award.

Special Master Oler adopted the proffer in a decision dated April 16, 2021, awarding Ms. Ligouri a lump sum payment of $182,263.85.

This award consisted of $175,000.00 for pain and suffering and $7,263.85 for past unreimbursable expenses. The decision was finalized on April 16, 2021.

Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Sarah Duncan of the U.S. Department of Justice.