Patricia Taylor v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

On May 20, 2019, Patricia Taylor filed a petition under the National Vaccine Injury Compensation Program on behalf of A.S., a minor child. The petition alleged that an influenza vaccination administered on October 14, 2017, caused A.S. to develop Guillain-Barre Syndrome (GBS).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 31, 2019, conceding that A.S. was entitled to compensation. The respondent stated that medical personnel reviewed the petition and medical records and concluded that the petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

On November 8, 2019, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding A.S. entitled to compensation based on the respondent's concession.

Subsequently, on March 3, 2020, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $186,651.94.

This amount comprised $110,000.00 for pain and suffering and $76,651.94 to satisfy a Texas Medicaid lien. Chief Special Master Corcoran issued a Decision Awarding Damages on March 4, 2020, approving the proffered award.

The decision stipulated that the $110,000.00 for pain and suffering would be paid as a lump sum to petitioner as guardian/conservator of A.S., contingent upon proof of guardianship. The $76,651.94 for the Texas Medicaid lien was to be paid jointly to petitioner and TMHP TPL – Tort Department, with petitioner agreeing to endorse the payment to Texas Medicaid.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by A.S. Petitioner was represented by Michael Adly Baseluos of Baseluos Law Firm, PLLC, and respondent was represented by Kyle Edward Pozza of the U.S.

Department of Justice.