Humbert Donato Brugueras v. HHS - Influenza, Guillain-Barre Syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Humbert Donato Brugueras filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on September 21, 2020. The petition stated that the vaccine was administered in the United States, that he suffered sequelae of GBS for more than six months, and that no prior action or compensation had been received for this injury.
The case was assigned to the Special Processing Unit. On October 6, 2023, the Respondent filed a Rule 4(c) report conceding that Mr.
Brugueras is entitled to compensation. The Respondent agreed that the petitioner met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which provide a presumption of causation for GBS if onset occurs between three and forty-two days after a seasonal flu vaccination and there is no apparent alternative cause.
The Respondent further agreed that the petitioner had met all statutory requirements for compensation. Consequently, on October 11, 2023, a ruling on entitlement was issued, finding Mr.
Brugueras entitled to compensation. Subsequently, on May 28, 2024, the Respondent filed a proffer on award of compensation, recommending an award of $198,742.63, which included $167,500.00 for pain and suffering and $31,242.63 for unreimbursable expenses.
Mr. Brugueras agreed with this proffered award.
Based on the record, the Chief Special Master issued a decision awarding Mr. Brugueras a lump sum payment of $198,742.63.
Source PDFs
USCOURTS-cofc-1_22-vv-00812