A.S. v. HHS - Influenza, Guillain-Barre Syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
Natalie Diaz, on behalf of her minor child A.S., filed a petition on June 9, 2025, for compensation under the National Vaccine Injury Compensation Program. The petition alleged that A.S. suffered from Guillain-Barre Syndrome (GBS) after receiving an influenza vaccine on December 12, 2022.
It was further alleged that A.S. suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action for this injury. The respondent filed a Rule 4(c) report conceding that A.S. met the criteria for a Table injury, specifically GBS, which occurred within the timeframe specified in the Vaccine Injury Table and had no apparent alternative cause.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran ruled on July 11, 2025, that A.S. was entitled to compensation.
Subsequently, a Proffer on Award of Compensation was filed. The parties agreed to a lump sum payment of $160,000.00 for pain and suffering and $9,553.25 for past unreimbursable expenses, totaling $169,553.25.
Chief Special Master Corcoran issued a decision on August 26, 2025, awarding this compensation. The award was to be paid through A.S.'s counsel's IOLTA account for disbursement to Natalie Diaz as guardian/conservator of A.S.'s estate.
Petitioner was represented by John Beaulieu of Siri & Glimstad, LLP, and respondent was represented by Michael Bliley of the U.S. Department of Justice.
Theory of causation
Petitioner Natalie Diaz, on behalf of minor A.S., alleged Guillain-Barre Syndrome (GBS) following an influenza vaccination on December 12, 2022. The respondent conceded entitlement, stating that Petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and Qualifications and Aids to Interpretation (QAI). This afforded Petitioner a presumption of causation, as GBS onset occurred between three and forty-two days after the seasonal flu vaccination, with no apparent alternative cause, pursuant to 42 C.F.R. § 100.3(a)(XIV)(D), (c)(15). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 11, 2025, finding Petitioner entitled to compensation. A Proffer on Award of Compensation was subsequently filed, agreeing to a lump sum payment of $160,000.00 for pain and suffering and $9,553.25 for past unreimbursable expenses, totaling $169,553.25. The decision was issued on August 26, 2025. Petitioner's counsel was John Beaulieu of Siri & Glimstad, LLP, and respondent's counsel was Michael Bliley of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_24-vv-00279