Michael Francesco v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2020)

Michael Francesco, an adult, received an influenza vaccination on September 22, 2017. Three days later, he began experiencing tingling in his fingers and toes and weakness in his knees, which progressed to a diagnosis of Guillain-Barré Syndrome (GBS).

Respondent conceded that Mr. Francesco's condition was a Table injury, and entitlement was granted.

The case then proceeded to determine damages. Mr.

Francesco sought $225,000 for pain and suffering, citing his extensive hospitalization and rehabilitation period of 31 days, as well as a potential loss of a $30,000 bonus and the risk of not receiving future flu shots. Respondent proposed an award of $115,000, arguing that while Mr.

Francesco's initial treatment was extensive, his recovery was significantly faster and more complete than in comparable cases. The Special Master found that Mr.

Francesco's GBS was on the mild end of severity, noting his engagement in social activities and return to part-time work within months of his diagnosis. Ultimately, the court awarded Mr.

Francesco a total of $171,248.72, comprising $165,000.00 for pain and suffering, $5,222.61 for past unreimbursable expenses, and $1,026.11 in lost wages.