Angelina Diaz v. HHS - Influenza, Guillain Barré syndrome (2024)

On November 10, 2022, Angelina Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Guillain Barré syndrome (GBS) as a result of an influenza vaccine administered on January 9, 2020. She also received a tetanus, diphtheria, and acellular pertussis (Tdap) vaccine on the same day.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 11, 2023, conceding that Ms. Diaz was entitled to compensation because her GBS met the criteria set forth in the Vaccine Injury Table for a flu/GBS Table injury.

The case then proceeded to a damages decision. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on August 14, 2023, finding Ms. Diaz entitled to compensation.

Following an impasse in damages discussions, Special Master Corcoran ordered briefing on the matter and issued a decision awarding damages on December 13, 2024. The decision awarded Ms.

Diaz a total of $196,879.93. This amount included $170,000.00 for pain and suffering, $4,243.51 for past unreimbursed medical expenses, and $22,636.42 for past lost wages.

Special Master Corcoran noted that Ms. Diaz, age 64 at the time of vaccination, experienced a moderate course of GBS, involving symptoms such as weakness, numbness, tingling, and neurologic pain in her extremities, which caused difficulties with her gait and balance.

Her treatment included two five-day hospitalizations, an intervening eight-day inpatient rehabilitation, IVIG therapy, prescribed medication, and occupational and physical therapy. Within approximately ten months post-vaccination, her symptoms were mild and well-controlled by medication.

The Special Master considered prior GBS pain and suffering awards and found that $170,000.00 was a fair and appropriate amount, comparable to awards in other GBS cases with similar courses, hospitalizations, therapies, and symptom durations. The award was based on the severity and duration of her GBS symptoms, compared to other GBS cases, and was paid as a lump sum.

Petitioner was represented by Catherine Wallace Costigan of Maglio Christopher & Toale, and later Mctlaw. Respondent was represented by Meghan Murphy of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran presided over the entitlement and damages decisions.