Harry Turner v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Harry Turner received an influenza vaccine on October 11, 2017. Approximately 12 days later, he presented with weakness and was diagnosed with Guillain-Barre Syndrome (GBS).

The respondent conceded that Mr. Turner's GBS was a Table injury, and entitlement was granted.

The parties could not agree on damages, specifically for pain and suffering. The court reviewed the medical records, which indicated that Mr.

Turner, a retiree with significant comorbidities including cancer, experienced GBS symptoms that improved over ten months of treatment, though he had persistent sensory complaints. He also underwent extensive physical, occupational, and speech therapy.

Mr. Turner died on August 5, 2018, from cancer, an event unrelated to his GBS.

The court awarded $150,000.00 for Mr. Turner's past pain and suffering, considering the severity and duration of his GBS symptoms, his concurrent battle with cancer, and the fact that his GBS had significantly improved prior to his death.

This award was less than the petitioner requested but more than the respondent proposed.