Norma Perez v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2022)

Norma Perez filed a petition on March 3, 2021, seeking compensation under the National Vaccine Injury Compensation Program. Ms.

Perez alleged that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine she received on September 15, 2018. The petition stated that the vaccination occurred within the United States, that the GBS and its sequelae lasted more than six months, and that no prior compensation had been received for these injuries.

The case was assigned to the Special Processing Unit. On April 4, 2022, the respondent filed a Rule 4(c) report conceding that Ms.

Perez was entitled to compensation. The respondent found that Ms.

Perez satisfied the criteria set forth in the Vaccine Injury Table, affording a presumption of causation if GBS onset occurred between three and forty-two days after a seasonal flu vaccination with no apparent alternative cause. The respondent also agreed that Ms.

Perez experienced more than six months of residual effects and that the scope of damages should be limited to GBS and its related sequelae. On April 14, 2022, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Perez entitled to compensation.

Subsequently, on October 6, 2022, the respondent filed a proffer on the award of compensation, recommending an award of $115,000.00 for all damages, including pain and suffering. The proffer stated that Ms.

Perez agreed with this proposed award. On December 5, 2022, Chief Special Master Corcoran issued a decision awarding Ms.

Perez a lump sum payment of $115,000.00, payable by check to Ms. Perez, for all damages, including pain and suffering, as compensation under Section 15(a) of the Vaccine Act.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Nina Ren of the U.S. Department of Justice.

The public decision does not describe the specific onset date of symptoms, the specific symptoms experienced, diagnostic tests performed, treatments received, or the mechanism of injury.