Tammee Hinton v. HHS - Influenza, Guillain-Barre syndrome (GBS) (2020)

Tammee Hinton filed a petition for compensation under the National Vaccine Injury Compensation Program on June 12, 2019. She alleged that she developed Guillain-Barré Syndrome (GBS) as a result of an influenza vaccination she received on October 1, 2016.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 13, 2020, conceding that Ms. Hinton was entitled to compensation.

The respondent agreed that Ms. Hinton suffered from GBS and met the criteria set forth in the Vaccine Injury Table, which afforded her a presumption of vaccine causation.

This presumption applies when the onset of GBS occurs between three and forty-two days after a seasonal flu vaccination, with no more likely alternative diagnosis and no apparent alternative cause. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on May 14, 2020, finding Ms. Hinton entitled to compensation.

Subsequently, on September 18, 2020, the parties filed a proffer on the award of compensation. The respondent proposed an award of $149,410.61, which included $142,000.00 for pain and suffering and $7,410.61 for past unreimbursable expenses.

Ms. Hinton agreed with this proffered award.

Chief Special Master Corcoran issued a Decision Awarding Damages on October 20, 2020, adopting the terms of the proffer. Ms.

Hinton, a competent adult, was awarded a lump sum payment of $149,410.61, payable to her. Petitioner was represented by Alison H.

Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

The decision was made by Chief Special Master Brian H. Corcoran.