W.B. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

W.B., an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2018. He alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccination on September 12, 2016.

The petition stated that the vaccination was received in the United States, that the residual effects of his GBS lasted more than six months, and that no civil action had been filed or compensation received for his GBS. The case was assigned to the Special Processing Unit.

On November 22, 2019, the Respondent filed a Rule 4(c) report conceding entitlement, finding that W.B. met the criteria for a Table injury with onset between three and forty-two days after vaccination, no apparent alternative cause, and residual effects lasting more than six months. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on November 25, 2019, finding W.B. entitled to compensation. The parties were unable to resolve damages informally, leading to a briefing schedule and a motions hearing on July 31, 2020.

In a decision awarding damages dated September 14, 2020, Chief Special Master Corcoran awarded W.B. $172,104.02. This award comprised $155,000.00 for pain and suffering, $7,304.02 for past unreimbursed medical expenses, and $9,800.00 for lost wages.

The decision noted that W.B. was a healthy and active medical doctor prior to vaccination, with a medical history including a shoulder injury from a 2015 bicycle crash and gastroesophageal reflux disease (GERD). His GBS symptoms began around October 6, 2016, including shaking, fatigue, and muscle weakness.

He was hospitalized and received IVIG therapy, with a diagnosis of "Probable Guillain-Barre." His symptoms improved over the following weeks, and by November 2017, his GBS was largely resolved, with residual fatigue. The Special Master found that expenses related to GERD, including evaluations in May and July 2018, were not causally linked to the GBS and therefore not compensable.

Similarly, future physical therapy costs for a shoulder injury sustained in a November 2016 fall, which was likely related to GBS, were deemed not compensable as the current pain was attributed to an unassociated injury that occurred in November 2019. The award for pain and suffering was based on the severity and duration of the GBS, considering W.B.'s active lifestyle prior to the injury and the impact it had, while also noting the relatively less severe course of his GBS compared to other cases.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

The decision was issued by Chief Special Master Brian H. Corcoran.