Agnes Biagini v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2021)

Susan B. Acon, as executrix of the estate of Agnes Biagini, filed a petition for compensation on January 15, 2019, alleging injuries and death related to Ms.

Biagini's receipt of an influenza vaccine on December 7, 2016. Petitioner alleged that Ms.

Biagini developed Guillain-Barré syndrome (GBS) as a result of the vaccine and that her death on January 15, 2017, was a sequela of this alleged injury. The respondent, the Secretary of Health and Human Services, denied that Ms.

Biagini sustained a Table GBS injury and denied that the flu vaccine caused her alleged GBS, any other injury, or her death. Despite these denials, the parties reached a stipulation to settle the issues.

Special Master Thomas L. Gowen adopted the stipulation, awarding compensation of $240,000.00 to the estate, payable to petitioner as the legal representative.

This lump sum represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was entered in accordance with the stipulation.

Petitioner was represented by Rudolph L. Massa of Massa Law Group, PC, and respondent was represented by James V.

Lopez of the United States Department of Justice. The decision was issued on May 18, 2021.