Maureen Higgins-Abato v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Maureen Higgins-Abato filed a petition under the National Vaccine Injury Compensation Program on March 11, 2020, alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine administered on September 2, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 16, 2020, conceding that Ms.

Higgins-Abato was entitled to compensation. The respondent's position was that the petitioner met the criteria set forth in the Vaccine Injury Table for GBS, which provides a presumption of causation if the onset occurred between three and forty-two days after vaccination and there was no apparent alternative cause.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 21, 2020, finding the petitioner eligible for compensation.

Subsequently, on March 5, 2021, the respondent filed a proffer on the award of compensation. The proffer indicated that the petitioner should be awarded $215,526.60, an amount to which the petitioner agreed.

This sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). Chief Special Master Corcoran issued a decision on April 7, 2021, awarding Ms.

Higgins-Abato a lump sum payment of $215,526.60, payable by check to the petitioner. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S.

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