Jennifer Robinson v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

On January 18, 2018, Jennifer Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of influenza (flu) and Tetanus Diphtheria acellular Pertussis (Tdap) vaccines administered on August 31, 2015. Ms.

Robinson was 41 years old at the time of vaccination and worked as an administrative assistant. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 1, 2019, conceding that Ms.

Robinson was entitled to compensation. The respondent agreed that her GBS met the requirements of the Vaccine Injury Table for GBS following a flu vaccination, noting the onset was within the Table's timeframe (3 to 42 days), the diagnosis was not disputed, and no other causes for her GBS were identified.

The respondent also agreed that her condition persisted for more than six months and that she satisfied all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 2, 2019, finding Ms.

Robinson entitled to compensation based on the respondent's concession. The case then proceeded to determine damages.

On September 30, 2020, Chief Special Master Brian H. Corcoran issued a Decision Awarding Damages.

The medical history detailed that Ms. Robinson began experiencing symptoms on September 14, 2015, approximately two weeks after vaccination, including headache, numbness in her hands and arms, and vision changes.

Her condition progressed to include leg numbness, severe back pain, nausea, and vomiting. She was hospitalized on September 18, 2015, where she was diagnosed with acute inflammatory demyelinating polyneuropathy, consistent with GBS.

She received five rounds of IVIG treatment during her six-day hospitalization. Following discharge, she underwent physical therapy for approximately three months to address muscle weakness and pain.

She continued to experience residual numbness and tingling in her hands and feet, though it did not interfere with her balance or walking. Ms.

Robinson and her husband submitted affidavits describing the debilitating effects of the illness, the disruption to their family life, and her emotional distress. The parties agreed on compensation for past unreimbursable expenses ($2,428.94) and lost wages ($2,684.65).

They disagreed on the amount for pain and suffering. Ms.

Robinson sought $180,000.00, comparing her case to two prior GBS cases, Johnson and Dillenbeck. The respondent argued for $120,000.00, emphasizing her shorter hospitalization and quicker recovery with fewer residual effects compared to those cases.

Chief Special Master Corcoran reviewed the arguments and prior awards, noting that while Ms. Robinson's GBS was severe and caused significant distress, her recovery was more favorable than in the Johnson and Dillenbeck cases, which involved more significant ongoing limitations and vocational impacts.

He awarded Ms. Robinson $160,000.00 for pain and suffering.

The total award amounted to $165,113.59, representing $160,000.00 for pain and suffering, $2,428.94 for past unreimbursable expenses, and $2,684.65 in lost wages. The decision was issued by Chief Special Master Brian H.

Corcoran on September 30, 2020. Petitioner counsel was Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA.

Respondent counsel was Heather Lynn Pearlman of the U.S. Department of Justice.