Elaine Mercante v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2020)

On January 16, 2019, Elaine Mercante filed a petition under the National Vaccine Injury Compensation Program alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 9, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Mercante suffered from GBS and met the criteria for a "Table injury." This afforded her a presumption of vaccine causation, provided the onset of GBS occurred between three and forty-two days after the vaccination and there was no more likely alternative diagnosis. On May 29, 2020, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Mercante entitled to compensation based on the respondent's concession.

Subsequently, on October 15, 2020, the respondent filed a proffer on the award of compensation. The respondent proposed a total award of $181,106.21, which included $122,500.00 for pain and suffering, $13,781.18 for past unreimbursable expenses, and $44,825.03 for past loss of earnings.

The petitioner, a competent adult, agreed with the proffered award. On October 15, 2020, Chief Special Master Corcoran issued a decision awarding the stipulated amount.

Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Ronalda Elnetta Kosh of the U.S. Department of Justice.