Marjorie Decamara v. HHS - Influenza, Guillain-Barré Syndrome (2024)

Marjorie DeCamara filed a petition for compensation under the National Vaccine Injury Compensation Program on November 26, 2019, alleging that she suffered from Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination on December 1, 2016. Petitioner alleged that she experienced residual effects of her condition for more than six months, that no prior civil action for damages had been settled or awarded, and that the vaccine was administered in the United States.

The respondent denied that petitioner developed GBS, denied that the vaccine caused her alleged demyelinating condition or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case, which was filed on December 3, 2024.

Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Ms. DeCamara was awarded a lump sum of $15,000.00, payable by check to petitioner, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a).

This award represents a compromise of the parties' respective positions on liability and damages. The stipulation also addresses future proceedings for reasonable attorneys' fees and costs.

Petitioner was represented by Lawrence R. Cohan of Saltz Mongeluzzi & Bendesky, and the respondent was represented by Joseph Douglas Leavitt of the U.S.

Department of Justice. The decision was issued on December 3, 2024.