Larry Nelson v. HHS - Influenza, Guillain-Barré syndrome (2021)

Larry Nelson, a 63-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2017. He alleged that he suffered Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 20, 2016.

Mr. Nelson's prior medical history included restless leg syndrome, chronic L5 radiculopathy, lumbar spinal fusion, REM sleep behavior disorder, anxiety, and depression.

On October 21, 2016, approximately 32 days after vaccination, he presented with numbness in his feet, which progressed to weakness and difficulty walking and breathing. He was transferred to the University of Minnesota-Fairview Medical Center with a diagnosis of GBS.

Mr. Nelson received five days of IVIG treatment and improved, followed by inpatient acute rehabilitation.

He was discharged home on November 10, 2016, to continue outpatient physical and occupational therapy. By November 14, 2016, he was walking independently with a walking stick, and his neurologist noted his strength was almost back to normal, though he continued to have some numbness.

He experienced a possible recurrence of symptoms in February 2017, but his neurologist believed these were not residual effects of GBS. Further evaluation revealed degenerative vertebral and disc changes in his cervical spine, leading to surgery on December 27, 2017, for a right C5-C6 disk herniation with foraminal stenosis.

By July 2018, his neurologist noted no recurrence of GBS symptoms and that his current presentation was not related to GBS. An EMG on July 25, 2018, showed very mild right median neuropathy at the wrist and very mild chronic right C8 radiculopathy, with no evidence of large fiber polyneuropathy or demyelination.

Mr. Nelson continued to experience some residual symptoms, including neuropathy in his fingers and unsteadiness, which he stated impacted his daily activities.

Respondent filed a Rule 4(c) report on September 27, 2018, conceding that Mr. Nelson was entitled to compensation because he met the criteria for a Table injury, with GBS onset between three and forty-two days after a seasonal flu vaccination and no apparent alternative cause.

A ruling on entitlement was issued on October 31, 2018, by Chief Special Master Nora Beth Dorsey. The parties were unable to resolve damages informally, leading to a decision awarding damages on February 26, 2021, by Chief Special Master Brian H.

Corcoran. Chief Special Master Corcoran awarded Mr.

Nelson a total of $166,700.04. This amount comprised $155,000.00 for pain and suffering, $4,339.00 for past unreimbursed medical expenses, and $7,361.04 for future medical expenses.

The Special Master found that Mr. Nelson's GBS was on the milder end of the spectrum and that some of his ongoing symptoms were attributable to pre-existing conditions and subsequent cervical spine surgery, distinguishing his case from others with more severe GBS sequelae.

Petitioner was represented by Randall G. Knutson of Knutson & Casey Law Firm, and Respondent was represented by Glenn Alexander MacLeod and later Naseem Kourosh of the U.S.

Department of Justice.