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

Filed 2019-01-15Decided 2021-05-18Vaccine Influenza
compensated$240,000death

Case summary [AI summaries can sometimes make mistakes]

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.

Theory of causation

Petitioner alleged that Agnes Biagini received an influenza vaccine on December 7, 2016, and subsequently developed Guillain-Barré syndrome (GBS), with her death on January 15, 2017, being a sequela of the GBS. Respondent denied that the vaccine caused the GBS or death, and denied that the injury was a "Table GBS injury." The parties reached a stipulation to settle the case, with the Special Master adopting the stipulation. The award was $240,000.00, representing compensation for all damages. The specific theory of causation, medical experts, and detailed clinical facts were not described in the public decision, as the case was resolved via stipulation. The decision was issued by Special Master Thomas L. Gowen on May 18, 2021. Petitioner's counsel was Rudolph L. Massa, and respondent's counsel was James V. Lopez.

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