Michael Mendoza v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)

Michael Mendoza, as guardian ad litem for C.M., a minor, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2020. The petition alleged that C.M. suffered Guillain-Barré Syndrome (GBS) which met the Table definition for GBS, after receiving an influenza vaccine on September 6, 2019.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 29, 2021, conceding that C.M.'s GBS met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Based on this concession, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on April 2, 2021, finding C.M. entitled to compensation. Subsequently, on November 10, 2021, the parties submitted a proffer of damages.

The respondent recommended an award of $6,231.59 for past unreimbursable expenses and up to $150,000.00 to purchase an annuity for pain and suffering. The petitioner agreed with this proposed award.

Chief Special Master Corcoran issued a decision awarding a lump sum of $6,231.59 for past expenses and $150,000.00 to purchase an annuity for pain and suffering, totaling $156,231.59. The annuity was structured to provide payments beginning June 11, 2023, with annual payments of $25,000.00 for four years, followed by lump sums on June 11, 2026 ($12,751.65), June 11, 2030 ($14,187.17), and June 11, 2032 ($14,945.35), and a final lump sum on June 11, 2035 ($16,182.43), adjusted as needed to ensure the total cost did not exceed $150,000.00.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner's counsel was Alan Kenneth Nicolette of Nordstrom, Steele, et al., and respondent's counsel was Matthew Murphy of the U.S.

Department of Justice.