Dolores Gorczyca v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2020)

Filed 2018-08-24Decided 2020-04-30Vaccine Influenza
compensated$174,100

Case summary [AI summaries can sometimes make mistakes]

Dolores Gorczyca filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2018, alleging that she developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination administered on October 3, 2017. The respondent, represented by Debra A.

Filteau Begley of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Ms.

Gorczyca's claim met the criteria for a Table injury for GBS. The respondent further agreed that her condition had persisted for at least six months and that there was no alternative cause for her condition.

On August 13, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Gorczyca entitled to compensation.

Subsequently, on March 27, 2020, the respondent filed a proffer on award of compensation. The proffer recommended a total award of $174,100.00, consisting of $170,000.00 for pain and suffering and $4,100.00 for past out-of-pocket medical expenses.

Ms. Gorczyca, who is a competent adult and represented by Nancy Routh Meyers of Ward Black Law (later Turning Point Litigation), agreed with the proffered award.

On April 30, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding Ms.

Gorczyca the lump sum of $174,100.00, payable by check to her. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation beyond its classification as a Table injury.

Theory of causation

Petitioner Dolores Gorczyca alleged that an influenza vaccine administered on October 3, 2017, caused her to develop Guillain-Barré Syndrome (GBS). The respondent conceded that the claim met the criteria for a Table injury for GBS, satisfying the requirements of the National Vaccine Injury Compensation Program. The respondent's Rule 4(c) report, filed August 12, 2019, stated that the petitioner's condition persisted for at least six months and had no alternative cause. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 13, 2019, finding the petitioner entitled to compensation. On March 27, 2020, respondent filed a proffer on award of compensation, recommending $174,100.00 ($170,000.00 for pain and suffering, $4,100.00 for past out-of-pocket medical expenses), which the petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision awarding this amount on April 30, 2020. Petitioner was represented by Nancy Routh Meyers (Ward Black Law/Turning Point Litigation), and respondent was represented by Debra A. Filteau Begley (U.S. Department of Justice).

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