Lori Grady v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)
Case summary [AI summaries can sometimes make mistakes]
Lori Grady filed a petition under the National Vaccine Injury Compensation Program on September 10, 2020, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 27, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 15, 2021, conceding that Ms.
Grady is entitled to compensation. The respondent stated that medical personnel had reviewed the petition and medical records, and it was the respondent's position that Ms.
Grady satisfied the criteria set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On June 16, 2021, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Ms. Grady entitled to compensation.
Subsequently, on October 13, 2021, the parties filed a proffer on the award of compensation. The respondent proffered that Ms.
Grady should be awarded a total of $120,392.33, which included $120,000.00 for pain and suffering and $392.33 for out-of-pocket medical and related expenses. The proffer indicated that Ms.
Grady agreed with this award. On November 22, 2021, Chief Special Master Corcoran issued a decision awarding Ms.
Grady a lump sum payment of $120,392.33, payable by check to Petitioner. The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C. Respondent was represented by Matthew Murphy and later Terrence Kevin Mangan, Jr., both of the U.S.
Department of Justice.
Theory of causation
Petitioner Lori Grady alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of her October 27, 2018 influenza vaccination. The respondent conceded entitlement, agreeing that GBS is a Table injury and that Petitioner met the criteria outlined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The public decision does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony. The theory of causation is based on the Vaccine Injury Table. The award was a lump sum of $120,392.33, consisting of $120,000.00 for pain and suffering and $392.33 for out-of-pocket medical expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on June 16, 2021, and the damages decision on November 22, 2021. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel included Matthew Murphy and Terrence Kevin Mangan, Jr.
Source PDFs
USCOURTS-cofc-1_20-vv-01175