Ania Oliva-Guedes v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Ania Oliva-Guedes filed a petition for compensation under the National Vaccine Injury Compensation Program on February 19, 2020, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on April 14, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 4, 2020, conceding that Ms.

Oliva-Guedes satisfied the criteria for a Table injury and was entitled to compensation. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on December 14, 2020, finding Petitioner entitled to compensation. Subsequently, on March 21, 2023, the respondent filed a proffer on award of compensation, which Ms.

Oliva-Guedes agreed with. Chief Special Master Corcoran issued a Decision Awarding Damages on April 24, 2023.

The award totaled $142,297.87, comprising $130,000.00 for actual pain and suffering, $35.59 for past unreimbursable expenses, and $12,262.28 for past lost wages. An additional $12,131.68 was awarded to satisfy a New York Medicaid lien.

The award was to be paid via two lump sum checks: one for $142,297.87 payable to Ms. Oliva-Guedes, and another for $12,131.68 payable jointly to Ms.

Oliva-Guedes and the New York State Department of Health. Ms.

Oliva-Guedes is a competent adult. Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, PA, and Respondent was represented by Kimberly Shubert Davey of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.