Amanda Breshears v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)
Case summary [AI summaries can sometimes make mistakes]
Amanda Breshears filed a petition on September 2, 2021, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 9, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Breshears met the criteria for a Table injury under the Vaccine Injury Table, which affords a presumption of causation. The respondent's concession stated that GBS onset occurred between three and forty-two days after the vaccination, with no more likely alternative diagnosis or apparent alternative cause.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 6, 2022, finding Ms.
Breshears entitled to compensation. Subsequently, on February 14, 2023, the respondent filed a Proffer on Award of Compensation.
The proffer recommended a total award of $98,967.26, comprising $92,500.00 for pain and suffering, $2,217.19 for past unreimbursable expenses, and $4,250.07 for past lost wages. The petitioner agreed with the proffered award.
On March 24, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, granting the lump sum payment of $98,967.26 to Ms. Breshears.
Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Austin Joel Egan of the U.S. Department of Justice.
The public decision does not describe the specific onset date of GBS, the symptoms, diagnostic tests, treatments, or the medical expert testimony.
Theory of causation
Petitioner Amanda Breshears alleged Guillain-Barré syndrome (GBS) following an influenza vaccine administered on November 9, 2018. The respondent conceded that the injury met the criteria for a Table injury under the Vaccine Injury Table, providing a presumption of causation. This concession was based on the criteria that GBS onset occurred between three and forty-two days after the vaccination, with no more likely alternative diagnosis and no apparent alternative cause. The respondent's Rule 4(c) Report and subsequent Proffer on Award of Compensation were accepted by the Chief Special Master. A Ruling on Entitlement was issued on September 6, 2022, finding Petitioner entitled to compensation. On March 24, 2023, Chief Special Master Brian H. Corcoran awarded Petitioner a lump sum of $98,967.26, consisting of $92,500.00 for pain and suffering, $2,217.19 for past unreimbursable expenses, and $4,250.07 for past lost wages. Petitioner was represented by Laura Levenberg (Muller Brazil, LLP) and Respondent by Austin Joel Egan (U.S. Department of Justice). The public text does not detail specific medical experts, the mechanism of injury, or alternative medical theories.
Source PDFs
USCOURTS-cofc-1_21-vv-01799