Sandra Maschmeyer v. HHS - Influenza, Guillain-Barre Syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
Sandra Maschmeyer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) following an influenza vaccination received on September 28, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Maschmeyer was entitled to compensation. The respondent stated that her GBS met the criteria set forth in the Vaccine Injury Table, including the timeframe for onset after a seasonal flu vaccination, and that there was no apparent alternative cause, thus affording her a presumption of causation.
A ruling on entitlement was issued on July 2, 2024, finding Ms. Maschmeyer entitled to compensation.
Subsequently, on November 15, 2024, the respondent filed a proffer on award of compensation, which Ms. Maschmeyer agreed with.
The proffer recommended an award of $143,457.16 for pain and suffering and unreimbursable expenses, plus $58.18 to satisfy a State of Illinois Medicaid lien. The Chief Special Master issued a decision awarding these amounts, totaling $143,515.34, as compensation for all damages available under the Vaccine Act.
Source PDFs
USCOURTS-cofc-1_23-vv-01767