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 February 15, 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.