Floraida Martinez v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2025)
Case summary [AI summaries can sometimes make mistakes]
Floraida Martinez, as the legal representative of her minor daughter M.M., filed a petition on June 12, 2020, alleging that M.M. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on December 13, 2017. The petition was filed under the National Vaccine Injury Compensation Program.
The respondent filed a Rule 4(c) report on October 26, 2020, conceding that M.M.'s alleged injury was consistent with GBS and met the requirements of a Table injury claim stemming from the flu vaccination. The respondent also agreed that no other causes for M.M.'s injury were identified and that records showed she suffered sequelae of the injury for more than six months, satisfying all legal prerequisites for compensation.
On October 27, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding M.M. entitled to compensation.
Subsequently, on January 24, 2025, the respondent filed a proffer of damages, which the petitioner agreed to. The decision, issued on February 25, 2025, awarded a total of $201,863.57.
This amount comprised $154,196.90 to purchase an annuity contract for pain and suffering and future unreimbursable expenses, and $47,666.67 to satisfy a Commonwealth of Pennsylvania Medicaid lien. The annuity contract includes specific lump sum payments scheduled for December 12, 2032, December 12, 2035, and December 12, 2039.
Petitioner counsel was Lawrence R. Cohan of Saltz, Mongeluzzi & Bendesky.
Respondent counsel was Terrence Kevin Mangan, Jr. for the initial ruling and Naseem Kourosh for the proffer of damages. Chief Special Master Brian H.
Corcoran presided over the entitlement ruling and the final decision.
Theory of causation
Petitioner Floraida Martinez, as legal representative for minor M.M., alleged that M.M. suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on December 13, 2017. The respondent conceded that the alleged injury was consistent with GBS and met the requirements of a Table injury claim for GBS stemming from the flu vaccination. The respondent also agreed that no other causes were identified and that M.M. suffered sequelae of the injury for more than six months. This concession led to a ruling on entitlement on October 27, 2020, by Chief Special Master Brian H. Corcoran. A subsequent proffer of damages, agreed to by the petitioner, was filed on January 24, 2025, and approved by Chief Special Master Corcoran in a decision dated February 25, 2025. The award totaled $201,863.57, consisting of $154,196.90 for an annuity covering pain and suffering and future unreimbursable expenses, and $47,666.67 to satisfy a Medicaid lien. Petitioner was represented by Lawrence R. Cohan and respondent by Terrence Kevin Mangan, Jr. and Naseem Kourosh. The theory of causation relied on the "Table" category for GBS following influenza vaccination.
Source PDFs
USCOURTS-cofc-1_20-vv-00709