Riana Proia v. HHS - Influenza, Guillain-Barré syndrome (2022)

Filed 2021-11-30Decided 2022-08-26Vaccine Influenza
compensated$94,632

Case summary [AI summaries can sometimes make mistakes]

Riana Proia, as parent and natural guardian of her minor child A.M., filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2021. The petition alleged that A.M. suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on or about October 17, 2020.

The Respondent, the Secretary of Health and Human Services, filed a report conceding that A.M. satisfied the criteria for a Table injury, specifically GBS occurring within the Table's timeframe after a seasonal flu vaccine, with no apparent alternate cause. The Respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and A.M. met the statutory severity requirement of suffering residual effects for more than six months.

Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found A.M. entitled to compensation in a ruling issued on July 25, 2022.

Subsequently, a decision awarding damages was issued on July 25, 2022. The parties agreed to a proffer for the award amount.

The court awarded a total of $94,632.68, comprising $85,000.00 for pain and suffering, $28.68 for past unreimbursable expenses, and $9,604.37 to satisfy a State of Rhode Island Medicaid lien. Petitioner counsel was Laura Levenberg of Muller Brazil, LLP, and respondent counsel was Austin Joel Egan of the U.S.

Department of Justice. The decision was issued by Chief Special Master Brian H.

Corcoran.

Theory of causation

Petitioner alleged that A.M. suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on or about October 17, 2020. The Respondent conceded that Petitioner satisfied the criteria for a Table injury, specifically GBS occurring within the Table's timeframe (three to forty-two days) after a seasonal flu vaccination, with no apparent alternate cause. The Respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and A.M. met the statutory severity requirement of suffering residual effects for more than six months. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 25, 2022, finding Petitioner entitled to compensation based on the Respondent's concession. A subsequent Decision Awarding Damages, also issued on July 25, 2022, awarded a total of $94,632.68, comprising $85,000.00 for pain and suffering, $28.68 for past unreimbursable expenses, and $9,604.37 to satisfy a State of Rhode Island Medicaid lien. 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.

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