VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00268
Package ID: USCOURTS-cofc-1_20-vv-00268
Petitioner: Maureen Higgins-Abato
Filed: 2020-10-21
Decided: 2021-04-07
Vaccine: influenza
Vaccination date: 2017-09-02
Condition: Guillain-Barre Syndrome (GBS)
Outcome: compensated
Award amount USD: 215526

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Maureen Higgins-Abato alleged Guillain-Barre Syndrome (GBS) following an influenza vaccine administered on September 2, 2017. The respondent conceded entitlement, agreeing that the petitioner satisfied the criteria in the Vaccine Injury Table for GBS, which presumes causation if onset occurs between three and forty-two days post-vaccination and no alternative cause is apparent. The respondent's Rule 4(c) report was filed on October 16, 2020. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on October 21, 2020. A proffer on award of compensation was filed by the respondent on March 5, 2021, proposing an award of $215,526.60, which the petitioner accepted. Chief Special Master Corcoran issued a decision awarding this lump sum on April 7, 2021. Petitioner was represented by Jessica Olins, and respondent by Claudia Barnes Gangi. The specific mechanism of injury, onset details, medical evidence, and expert testimony are not detailed in the provided public text, which relies on the respondent's concession and the Vaccine Injury Table presumption.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00268-0
Date issued/filed: 2020-11-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/21/2020) regarding 26 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00268-UNJ Document 30 Filed 11/20/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0268V
UNPUBLISHED
MAUREEN HIGGINS-ABATO, Chief Special Master Corcoran
Petitioner, Filed: October 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Guillain-Barre Syndrome (GBS)
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 11, 2020, Maurenn Higgins-Abato filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). Petitioner alleges that she suffers from Guillain-Barré Syndrome
(GBS) as a result of an influenza (“flu”) vaccine administered on September 2, 2017.
Petition at 1, 5. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 16, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1. Specifically, it is Respondent’s position that Petitioner has satisfied the criteria set forth
in the Vaccine Injury Table, which affords Petitioner a presumption of causation if the
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00268-UNJ Document 30 Filed 11/20/20 Page 2 of 2
onset of GBS occurred between three and forty-two days after a seasonal flu vaccination
and there is no apparent alternative cause. Id. at 6-7.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00268-1
Date issued/filed: 2021-04-07
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/05/2021) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00268-UNJ Document 42 Filed 04/07/21 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-268V
UNPUBLISHED
MAUREEN HIGGINS-ABATO, Chief Special Master Corcoran
Petitioner, Filed: March 5, 2021
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Guillain-
Barre Syndrome (GBS)
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 11, 2020, Maureen Higgins-Abato filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2
(the “Vaccine Act”). Petitioner alleges that she suffered from Guillain-Barre Syndrome
(“GBS”) as a result of an influenza (“flu”) vaccine administered on September 2, 2017.
Petition at 1, 5. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for GBS. On March 5, 2021, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $215,526.60. Proffer at
1. In the Proffer, Respondent represented that Petitioner agrees with the proffered award.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:20-vv-00268-UNJ Document 42 Filed 04/07/21 Page 2 of 4
Id. Based on the record as a whole, I find that Petitioner is entitled to an award as stated
in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $215,526.60 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:20-vv-00268-UNJ Document 42 Filed 04/07/21 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
MAUREEN HIGGINS-ABATO, )
)
Petitioner, )
) No. 20-268V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
PROFFER ON AWARD OF COMPENSATION
On October 16, 2020, respondent filed a Rule 4(c) Report, in which he conceded that
petitioner sustained a Table injury of Guillain-Barre Syndrome (“GBS”) from the flu vaccine
administered on September 7, 2017; that the records show that the case was timely filed; that the
vaccine was received in the United States; and that petitioner satisfies the statutory severity
requirement by suffering the residual effects or complications of her injury for more than six
months after vaccine administration. ECF No. 23. On October 21, 2020, the Court issued a
Ruling on Entitlement, finding that petitioner is entitled to compensation. ECF No. 26.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$215,526.60, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering.

Case 1:20-vv-00268-UNJ Document 42 Filed 04/07/21 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $215,526.60, in the form of a check payable to petitioner. Petitioner
agrees.
Respectfully submitted,
BRIAN M. BOYNTON
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Acting Deputy Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: March 5, 2021