Bruce Fedewa v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Bruce Fedewa filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2017, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 10, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 17, 2018, conceding that Mr.

Fedewa is entitled to compensation. The respondent acknowledged that GBS is a Table injury, that Mr.

Fedewa suffered GBS following a flu vaccine within the Table time period, and that there was no preponderance of medical evidence indicating his GBS was due to a factor unrelated to the vaccination. The respondent also confirmed that the claim met the statutory severity requirements because Mr.

Fedewa experienced sequelae of his GBS for more than six months. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 21, 2018, finding Mr.

Fedewa entitled to compensation. The case then proceeded to a damages decision.

The parties were able to resolve claims for unreimbursable medical expenses and past lost earnings through stipulation. Specifically, they agreed on $1,800.00 for past unreimbursable medical expenses, $400.00 for future unreimbursable medical expenses, and $3,607.16 for past lost earnings, totaling $5,807.16.

The primary disputed issue was the amount of compensation for Mr. Fedewa's actual pain and suffering and emotional distress.

Mr. Fedewa demanded a minimum of $180,000.00 for pain and suffering, arguing his case was comparable to or more severe than the case of Johnson v.

Secretary of Health & Human Services, which resulted in an award of $180,000.00. He highlighted his longer hospitalization, traumatic hospital experiences, and continued suffering.

The respondent proposed $125,000.00 for pain and suffering, contending that Mr. Fedewa's course of GBS was less severe than others, particularly compared to Ms.

Johnson, and that he did not suffer significant ongoing sequelae like incontinence. Special Master Nora Beth Dorsey reviewed the medical records and affidavits, noting Mr.

Fedewa's symptoms began approximately ten days after vaccination, including bilateral numbness in his hands and feet and neck pain. He was hospitalized, diagnosed with GBS, and received five rounds of IVIG treatments, gabapentin, and Tramadol for pain, and Xanax for anxiety.

His hospitalization lasted approximately eight days, followed by five days in inpatient rehabilitation. He underwent extensive occupational and physical therapy.

Mr. Fedewa experienced significant pain during medical procedures like his lumbar puncture and EMG.

He also suffered from anxiety and later developed moderately severe depression, requiring Wellbutrin for approximately fifteen months. His GBS impacted his ability to work as a dental equipment repairman, requiring him to return with a weight restriction and take frequent breaks.

His family and social life were also affected, limiting his participation in activities with his children and community events. The Special Master compared Mr.

Fedewa's case to Johnson and Dillenbeck v. Secretary of Health & Human Services.

While acknowledging differences in residual symptoms, particularly the incontinence experienced by Ms. Johnson and the ongoing paresthesia and weakness in Ms.

Dillenbeck, the Special Master found Mr. Fedewa's pain and suffering comparable to Ms.

Johnson's and slightly more severe than Ms. Dillenbeck's, considering his traumatic hospital experiences, prolonged fatigue, and significant emotional distress including anxiety and depression.

The Special Master awarded $180,000.00 for actual pain and suffering and emotional distress. The total award was $185,807.16, paid as a lump sum check to Mr.

Fedewa. The decision was issued by Special Master Nora Beth Dorsey on March 26, 2020.