Melissa McCall v. HHS - Influenza, Guillain-Barré syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Melissa McCall filed a petition under the National Vaccine Injury Compensation Program on July 13, 2022, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 14, 2019. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on January 17, 2025, conceding that Petitioner is entitled to compensation.
The respondent agreed that Petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a seasonal flu vaccine. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on January 17, 2025, finding Petitioner entitled to compensation. Subsequently, on January 17, 2025, Chief Special Master Corcoran issued a Decision on Damages, awarding compensation based on the terms stated in the proffer.
The award included a lump sum of $120,000.00 for pain and suffering, to be paid via ACH deposit to Petitioner's counsel for disbursement. Additionally, a lump sum payment of $57,170.14 was awarded to satisfy a State of Maryland Medicaid lien, in the form of a check payable to Petitioner and Johns Hopkins Health System/Priority Partners, to be sent to Eugene A.
Seidel, P.A. Petitioner agreed to endorse this check for satisfaction of the lien.
These amounts represent compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA represented the Petitioner, and Felicia Langel of the U.S. Department of Justice represented the Respondent.
Theory of causation
Petitioner Melissa McCall alleged that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on November 14, 2019. The Respondent conceded that Petitioner's GBS was a Table injury and that she met the criteria for compensation under the National Vaccine Injury Compensation Program. The case proceeded as a Table claim, with the Respondent agreeing that Petitioner satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for GBS following a seasonal flu vaccine. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement and a Decision on Damages on January 17, 2025. The award included $120,000.00 for pain and suffering and $57,170.14 to satisfy a State of Maryland Medicaid lien. The public text does not detail the specific mechanism of injury, expert testimony, or other clinical facts beyond the diagnosis of GBS and its classification as a Table injury. Petitioner was represented by Joseph Alexander Vuckovich, and Respondent by Felicia Langel.
Source PDFs
USCOURTS-cofc-1_22-vv-00763