Mary Richardson v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)

Filed 2021-09-29Decided 2023-04-03Vaccine Influenza
compensated$205,326

Case summary [AI summaries can sometimes make mistakes]

Mary Richardson filed a petition on September 29, 2021, alleging that she developed Guillain-Barré syndrome (GBS) as a result of an influenza vaccination received on October 2, 2018. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 10, 2022, conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner met the criteria for a Table injury, specifically GBS, with an onset between three and forty-two days after vaccination and no apparent alternative cause, and that she experienced more than six months of residual effects.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 11, 2022, finding the petitioner entitled to compensation.

Subsequently, on February 27, 2023, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $205,326.87.

This amount included $176,500.00 for pain and suffering, to be paid as a lump sum check to the petitioner, and $28,826.87 to satisfy a State of Ohio Medicaid lien, to be paid as a lump sum check jointly to the petitioner and the Treasurer, State of Ohio, Ohio Tort Recovery Unit. The Chief Special Master issued a decision awarding these damages on April 3, 2023.

Petitioner counsel was Laura Levenberg of Muller Brazil, LLP, and respondent counsel was Nina Ren of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Mary Richardson received an influenza vaccination on October 2, 2018, and subsequently developed Guillain-Barré syndrome (GBS). The respondent conceded that Petitioner met the criteria for a Table injury, specifically GBS, with onset between three and forty-two days after vaccination and no apparent alternative cause, satisfying the presumption of causation under 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). The respondent also agreed that Petitioner experienced more than six months of residual effects. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 11, 2022, finding Petitioner entitled to compensation. A subsequent Proffer on Award of Compensation, filed February 27, 2023, led to a Damages Decision on April 3, 2023, awarding Petitioner $176,500.00 for pain and suffering and $28,826.87 to satisfy a State of Ohio Medicaid lien, for a total award of $205,326.87. Petitioner counsel was Laura Levenberg, and respondent counsel was Nina Ren. The specific mechanism of causation and expert testimony are not detailed in the provided public text.

Source PDFs 3 total · 2 downloaded