Daisy McCray v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2021)

Daisy McCray filed a petition under the National Vaccine Injury Compensation Program on February 21, 2019, alleging that she suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on September 29, 2017. Ms.

McCray was 62 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, stating that Ms.

McCray met the criteria for a Table injury, including bilateral flaccid limb weakness, decreased or absent deep tendon reflexes, a monophasic illness pattern with a nadir of weakness between 12 hours and 28 days after onset, a clinical plateau without significant relapse, no more likely diagnosis, and an absence of exclusionary criteria. The case then proceeded to a damages determination, as the parties could not informally resolve the compensation amount.

Ms. McCray's medical history included recurrent herpes zoster (shingles) with post-herpetic neuralgia, for which she took Neurontin.

Approximately two weeks after receiving the flu vaccine, on October 13, 2017, she presented to the emergency room with an unsteady gait and numbness in her fingers and toes. Initially suspected as a result of abruptly discontinuing her medication, her symptoms worsened, and on October 15, 2017, she returned to the ER with persistent nausea, vomiting, hand and foot tingling, and leg weakness, unable to support her body weight.

Upon admission, she developed facial weakness and upper extremity weakness. She was diagnosed with atypical GBS and treated with IVIG therapy.

Her physicians noted her recent flu vaccination. Ms.

McCray underwent inpatient physical and occupational therapy from October 27 to November 17, 2017, and was discharged with mild right facial weakness, neuropathic pain, and muscle cramps, but with improved ability to ambulate with a rolling walker. She continued to experience decreased lower extremity strength, limiting her balance and ambulation without supervision.

She received home-based therapy through December 21, 2017, and continued to show slow improvement with physical therapy. As of the decision date, Ms.

McCray continued to experience balance issues, leg weakness, fatigue, and breathlessness. She reported residual neuropathy in her fingers, unsteadiness, generalized joint weakness, anxiety, and panic attacks.

She developed asthma and used an inhaler, and took medications including Gabapentin, Lidocaine patches, and high doses of Ibuprofen for nerve pain. She stated she could no longer participate in activities she previously enjoyed, such as church, travel, and yard work.

Chief Special Master Brian H. Corcoran presided over the case.

In his decision dated October 6, 2021, Special Master Corcoran awarded Ms. McCray a total of $244,390.18.

This amount included $180,000.00 for actual pain and suffering, $37,711.04 for loss of earnings, and $6,679.14 for past unreimbursable medical expenses. The Special Master found Ms.

McCray's GBS to be moderate to serious on the spectrum of GBS cases, acknowledging it was not as severe as some cases requiring intubation or wheelchair confinement. He noted that while Ms.

McCray had shown great improvement and was making progress, she had not returned to her baseline status and continued to experience lingering symptoms. The Special Master found the petitioner's requested award for future pain and suffering to be too speculative without further medical support, and therefore factored potential future pain and suffering into the actual pain and suffering award.

Petitioner's counsel was Jessica Olins of Maglio Christopher & Toale, PA, and respondent's counsel was Emilie Williams of the U.S. Department of Justice.