Luz Aurora Vargas de Echavarria v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2023)

Luz Aurora Vargas de Echavarria filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 23, 2020. The petition stated that the vaccination occurred in the United States, her GBS led to hospitalization and surgery, and the condition persisted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Vargas de Echavarria is entitled to compensation.

The respondent agreed that her case met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, thus establishing a presumption of vaccine causation. The respondent also confirmed that the case was timely filed, the vaccine was administered in the U.S., and the statutory severity requirement was met due to the injury's duration.

Based on the respondent's concession and the evidence, the court found Ms. Vargas de Echavarria entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent proffered an award of $150,000.00 for actual pain and suffering, which Ms.

Vargas de Echavarria accepted. The court awarded this lump sum payment, representing compensation for all damages available under Section 15(a) of the Vaccine Act.