Mario Garcia v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Mario Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on January 19, 2021, alleging that he suffered Guillain-Barré Syndrome (GBS) and Bell's Palsy as a result of an influenza vaccine administered on January 18, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 18, 2022, conceding that Mr.

Garcia's GBS was a Table injury and that he was entitled to compensation for it. The respondent specifically denied that the flu vaccine caused Bell's Palsy.

Mr. Garcia elected to pursue compensation for his GBS claim alone.

On November 23, 2022, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Mr.

Garcia entitled to compensation for his GBS. Subsequently, on August 4, 2023, the respondent filed a proffer on award of compensation.

The respondent proposed an award of $115,000.00 for pain and suffering and $88,728.86 for past lost wages, totaling $203,728.86. The petitioner agreed with this proffered award.

Chief Special Master Corcoran issued a Decision Awarding Damages on September 7, 2023, awarding Mr. Garcia a lump sum payment of $203,728.86, consisting of $115,000.00 for pain and suffering and $88,728.86 for past lost wages.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner's counsel was Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC. Respondent's counsel included Kyle Edward Pozza and Dorian Hurley of the U.S.

Department of Justice.