Lidia Vega v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)

Filed 2019-10-21Decided 2024-08-02Vaccine Influenza
compensated$105,405

Case summary [AI summaries can sometimes make mistakes]

Lidia Vega filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2019, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 22, 2016 influenza vaccination. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action.

The case was assigned to the Special Processing Unit. On December 3, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation.

The Respondent indicated that medical personnel had reviewed the petition and medical records, and it was the Respondent's position that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. On December 9, 2021, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation based on the Respondent's concession and the evidence of record. Subsequently, on June 27, 2024, the Respondent filed a proffer on the award of compensation.

The parties agreed to a total award of $105,405.15. This amount included $102,500.00 for pain and suffering and $2,905.15 for past lost wages.

Petitioner agreed with the proffered award. On August 2, 2024, Chief Special Master Brian H.

Corcoran issued a Decision Awarding Damages, granting a lump sum payment of $105,405.15 to Lidia Vega, payable by check to Petitioner. The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by David A. Kleczek of Kleczek Law Office, and Respondent was represented by Mitchell Jones of the U.S.

Department of Justice. The public decision was issued on August 2, 2024.

Theory of causation

Petitioner Lidia Vega alleged Guillain-Barre Syndrome (GBS) following an October 22, 2016 influenza vaccination. The petition was filed on October 21, 2019. Respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, finding the case appropriate for compensation as a GBS Table injury. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 9, 2021, finding Petitioner entitled to compensation. On June 27, 2024, Respondent filed a proffer on award of compensation, agreeing to a total award of $105,405.15, consisting of $102,500.00 for pain and suffering and $2,905.15 for past lost wages. Petitioner agreed to this award. Chief Special Master Corcoran issued a Decision Awarding Damages on August 2, 2024, awarding the lump sum of $105,405.15 to Petitioner. Petitioner was represented by David A. Kleczek, and Respondent was represented by Mitchell Jones.

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