Richard Porpora v. HHS - Influenza, Guillain-Barre Syndrome (2020)
Case summary [AI summaries can sometimes make mistakes]
Richard Porpora filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2019, alleging that he received an influenza vaccination on September 25, 2017, and subsequently developed Guillain-Barre Syndrome. The respondent, the Secretary of Health and Human Services, filed a report on July 7, 2020, conceding that the petitioner's claim was appropriate for compensation.
The respondent agreed that Mr. Porpora suffered from Guillain-Barre Syndrome following the influenza vaccine and that he met the statutory requirements for compensation, including suffering his condition for more than six months.
Based on the respondent's concession and a review of the medical records, Special Master Mindy Michaels Roth found that Mr. Porpora is entitled to compensation.
The case was then set to proceed to the damages phase. Petitioner was represented by Shealene Mancuso, Esq., of Muller Brazil, LLP, and respondent was represented by Lara Englund, Esq., of the U.S.
Department of Justice. The decision was issued on July 7, 2020, and is unpublished but available on the Court of Federal Claims' website.
Theory of causation
Petitioner Richard Porpora alleged that he received an influenza vaccination on September 25, 2017, and subsequently developed Guillain-Barre Syndrome (GBS). The respondent conceded that petitioner suffered GBS following the influenza vaccine and met the statutory requirements for compensation, including suffering the condition for more than six months. The Special Master, Mindy Michaels Roth, found entitlement based on the respondent's concession and a review of the record. The case proceeded to the damages phase. Petitioner was represented by Shealene Mancuso, Esq., and respondent by Lara Englund, Esq. The decision on entitlement was issued on July 7, 2020. The specific theory of causation relied upon was the "Table" provision of the Vaccine Act, as indicated by the respondent's concession regarding a condition listed in the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_19-vv-01732