Susan Reifman v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2020)

Susan Reifman filed a petition for compensation under the National Vaccine Injury Compensation Program on March 26, 2019, alleging that she suffered Guillain-Barré Syndrome (GBS) causally related to an influenza vaccine she received on October 31, 2017. The petition stated that the vaccination occurred in the United States, that she suffered residual effects of GBS for more than six months, and that neither she nor any other party had filed a civil action or received compensation for her alleged vaccine-caused GBS.

The case was assigned to the Special Processing Unit. On October 13, 2020, the Respondent filed a Rule 4(c) report conceding that Ms.

Reifman was entitled to compensation. The Respondent indicated that Ms.

Reifman satisfied the criteria set forth in the Vaccine Injury Table for GBS following a seasonal flu vaccination, which affords a presumption of causation if GBS onset occurs between three and forty-two days after the vaccination. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 13, 2020, finding Ms. Reifman entitled to compensation.

Subsequently, on October 16, 2020, the Respondent filed a Proffer on Award of Compensation. The parties agreed that Ms.

Reifman should be awarded $176,138.13, representing $170,000.00 for actual and projected pain and suffering and $6,138.13 for past unreimbursable expenses. The public decision does not describe the specific onset date or symptoms of Ms.

Reifman's GBS, nor does it name any medical experts or detail the specific mechanism of causation beyond the Table presumption. Chief Special Master Brian H.

Corcoran issued a Decision Awarding Damages on November 17, 2020, awarding Ms. Reifman a lump sum payment of $176,138.13, payable by check to Ms.

Reifman, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner's counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA, and Respondent's counsel was Camille Michelle Collett of the U.S.

Department of Justice.