Debra Johnson v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2018)

Debra Johnson, born August 22, 1954, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 18, 2016. She alleged that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on November 16, 2015.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 22, 2017, stating that he did not contest petitioner's entitlement to compensation. The respondent acknowledged that the evidence showed Ms.

Johnson more likely than not suffered GBS following the flu vaccine, with onset within the Table period. However, the respondent noted that the revised Vaccine Injury Table requires bilateral flaccid limb weakness for GBS claims following flu vaccination, and Ms.

Johnson's primary symptomology was sensory deficits without apparent flaccid limb weakness. Despite this, the respondent stated the record did not support an alternative diagnosis to GBS by preponderant evidence and would not contest entitlement.

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 22, 2017, finding Ms. Johnson entitled to compensation.

A subsequent decision on damages was issued on October 17, 2018. Ms.

Johnson testified that approximately 23 days after her November 16, 2015, flu vaccination, she developed numbness in her hands and feet, which progressed to her legs and buttocks. She was hospitalized from December 10 to December 15, 2015, at Franklin Memorial Hospital and Central Maine Medical Center, where she received five days of IVIG treatment for a primary diagnosis of GBS.

Her condition improved, but she experienced residual symptoms including numbness, fatigue, and difficulty with balance and bowel/bladder control. The parties stipulated to $6,000 for unreimbursable expenses and lost earnings.

The primary disputed issue was the amount of compensation for pain and suffering and emotional distress. Petitioner proposed $250,000, while respondent proposed $75,000.

Chief Special Master Dorsey awarded $180,000 for pain and suffering and emotional distress, for a total award of $186,000, paid as a lump sum. Petitioner was represented by Verne E.

Paradie, Jr., of Paradie, Sherman, et al., and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

The decision was issued by Chief Special Master Nora Beth Dorsey.