Estate Of Eleanor Vlack v. HHS - Influenza, Guillain-Barré syndrome (GBS) and death (2022)

Beverly Luckner and Margaret Sutto, as personal representatives of the estate of Eleanor Vlack, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2022. They alleged that Ms.

Vlack suffered Guillain-Barré Syndrome (GBS) and death as a result of an influenza vaccine administered on September 17, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 29, 2022, conceding that Ms.

Vlack's GBS met the criteria set forth in the Vaccine Injury Table, including the timeframe of onset between three and forty-two days after vaccination and the absence of an apparent alternative cause. The respondent also agreed that Ms.

Vlack's death was a complication of her GBS treatment. On October 3, 2022, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding the petitioners entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on October 14, 2022, the respondent filed a proffer on the award of compensation, which the petitioners agreed to.

This proffer proposed a lump sum payment of $405,000.00, comprising $155,000.00 for pain and suffering and $250,000.00 for the death benefit. On November 15, 2022, Chief Special Master Corcoran issued a decision awarding the petitioners the agreed-upon lump sum of $405,000.00, payable by check to the petitioners as personal representatives of the estate.

The decision noted that this amount represented compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner counsel was Anne Carrion Toale of Maglio Christopher & Toale, PA, and respondent counsel was Katherine Carr Esposito of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments for GBS, or the mechanism of causation beyond its classification as a Table injury.