Curtis Devlin v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2020)

Curtis Devlin, a 65-year-old male, filed a petition on February 1, 2019, alleging that he suffered Guillain-Barré Syndrome (GBS) causally related to influenza and pneumonia vaccinations he received on December 20, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Devlin was entitled to compensation. The respondent concluded that Mr.

Devlin suffered GBS following a flu vaccine within the Table time period and that there was not a preponderance of medical evidence to suggest his GBS was due to an unrelated factor. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on February 18, 2020, finding Mr. Devlin entitled to compensation.

Subsequently, on August 7, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages. Petitioner requested $180,000.00 for past pain and suffering and $1,000.00 per year for life expectancy for future pain and suffering.

Respondent countered with an offer of $80,000.00 for past pain and suffering and no compensation for future pain and suffering. The Special Master noted that Mr.

Devlin was a healthy, newly-retired 65-year-old male at the time of vaccination. His symptoms of numbness in his fingers and toes began approximately fourteen days after vaccination and progressed, leading to hospitalization from February 6-18, 2018, during which he underwent seven courses of plasmapheresis.

Medical records indicated significant anxiety during this period. After discharge, Mr.

Devlin made good progress in physical therapy, and his GBS was described as resolved by December 21, 2018, although residual symptoms common to GBS were noted. The Special Master found that while GBS awards are generally higher than for less severe injuries like SIRVA, and that Mr.

Devlin's case resembled other GBS cases that resulted in awards of $180,000.00 or more, he did not find that the residual symptoms would have a significant effect in the future. Therefore, the Special Master awarded Mr.

Devlin a lump sum of $180,000.00 for past pain and suffering, denying compensation for future pain and suffering. The total award was $180,000.00.

Petitioner was represented by Anne Carrion Toale of Maglio Christopher & Toale, PA. Respondent was represented by Christine Mary Becer and later Wei Kit Tai of the U.S.

Department of Justice.