Michael Staffaroni v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (sub-type: Miller Fisher Syndrome) (2023)
Case summary [AI summaries can sometimes make mistakes]
Michael Staffaroni filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2021, alleging that he suffered Guillain-Barre Syndrome (GBS), specifically the Miller Fisher Syndrome subtype, as a result of an influenza vaccine he received on January 2, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 9, 2022, conceding that Mr.
Staffaroni is entitled to compensation. The respondent indicated that medical personnel reviewed the petition and medical records and determined that Mr.
Staffaroni satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation, affording him a presumption of causation for GBS occurring between three and forty-two days after a seasonal flu vaccination, with no preponderant evidence of an alternative cause. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on December 12, 2022, finding Petitioner entitled to compensation. As the parties could not agree on damages, a hearing was held on July 14, 2023.
Mr. Staffaroni requested $160,000.00 for pain and suffering, while the respondent recommended $80,000.00.
The parties agreed on $4,684.94 for unreimbursed expenses. In a decision issued on July 14, 2023, Chief Special Master Corcoran awarded Mr.
Staffaroni a total of $139,684.94, comprising $135,000.00 for pain and suffering and $4,684.94 for unreimbursed expenses. The award for pain and suffering was determined to be for actual, rather than projected, pain and suffering, thus not requiring a reduction to net present value.
The decision was made pursuant to Section 12(d)(3)(A) of the Vaccine Act, and the Special Master incorporated prior discussions on the legal standard for GBS damages from the case Schenck v. Sec'y of Health & Hum.
Servs., No. 21-1768V, 2023 WL 2534594. Petitioner's counsel was Laura Levenberg of Muller Brazil, LLP, and respondent's counsel was Jamica Marie Littles of the U.S.
Department of Justice.
Theory of causation
Petitioner Michael Staffaroni alleged that an influenza vaccine received on January 2, 2020, caused Guillain-Barre Syndrome (GBS), specifically Miller Fisher Syndrome, a condition listed in the Vaccine Injury Table. The respondent conceded entitlement, stating that Petitioner met the criteria for a Table injury, including the onset of GBS between three and forty-two days after the vaccination, with no evidence of an alternative cause. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 12, 2022, finding Petitioner eligible for compensation. Damages were subsequently determined by Chief Special Master Corcoran on July 14, 2023, who awarded $135,000.00 for pain and suffering and $4,684.94 for unreimbursed expenses, totaling $139,684.94. The public decision does not detail specific medical experts, clinical onset, symptoms, diagnostic tests, treatments, or the precise mechanism of causation beyond the Table presumption. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_21-vv-01951