Aimee Sher v. HHS - Influenza, Guillain-Barré syndrome (2025)

On April 22, 2024, Aimee Sher filed a petition on behalf of her minor daughter, C.S., alleging that C.S. suffered Guillain-Barré syndrome (GBS) after receiving an influenza vaccination on September 17, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 20, 2025, conceding that the petitioner was entitled to compensation.

The respondent stated that the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation were satisfied. On March 19, 2025, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding the petitioner entitled to compensation. Subsequently, on March 21, 2025, the respondent filed a proffer of damages, recommending an award of $109,176.27.

This amount included $9,176.27 for past unreimbursed expenses and $100,000.00 to purchase an annuity contract. The decision awarding damages, issued by Chief Special Master Corcoran on April 1, 2025, accepted the proffer.

The award consisted of a lump sum payment of $9,176.27, to be paid through an ACH deposit to petitioner's counsel's IOLTA account, and $100,000.00 to purchase an annuity contract. The annuity contract was to provide specific lump sum payments on February 26, 2041, February 26, 2044, and February 26, 2047, with adjustments to the final payment to ensure the total cost did not exceed $100,000.00.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Matthew B.

Vianello of Jacobson Press P.C., and respondent was represented by Alyssa M. Petroff of the U.S.

Department of Justice. The case proceeded as a Table claim, and the parties agreed to the terms of the award.