Dominic Setaro v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Dominic Setaro filed a petition for compensation under the National Vaccine Injury Compensation Program on February 5, 2019, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 3, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.
Setaro satisfied the criteria set forth in the Vaccine Injury Table for a Table injury. On March 30, 2020, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Mr. Setaro eligible for compensation.
Following this, the parties were unable to reach a resolution on the appropriate amount of damages for pain and suffering. An expedited hearing was held on February 26, 2021.
On March 16, 2021, Chief Special Master Corcoran issued a damages ruling, awarding Mr. Setaro $160,000.00 for past pain and suffering and $6,650.00 for future pain and suffering.
The parties subsequently filed a joint status report agreeing that the net present value of the future pain and suffering award was $6,260.26 and reporting no other unresolved damages issues. Therefore, on May 13, 2021, Chief Special Master Corcoran awarded Mr.
Setaro a total lump sum payment of $166,260.26, payable by check to Petitioner. Petitioner's counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA.
Respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation beyond its classification as a Table injury.
Theory of causation
Petitioner Dominic Setaro alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on October 3, 2016. The respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table for a Table injury, specifically 42 C.F.R. §§ 100.3(a)(XIV)(D) and 100.3(c)(15). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 30, 2020, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. Damages for pain and suffering were subsequently litigated, resulting in an award of $160,000.00 for past pain and suffering and $6,650.00 for future pain and suffering, with a net present value of $6,260.26, for a total lump sum award of $166,260.26 on May 13, 2021. The public text does not name specific medical experts or detail the mechanism of causation beyond the Table classification. Petitioner was represented by Anne Carrion Toale, and Respondent by Jennifer Leigh Reynaud.