Chester Bircheat v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Chester Bircheat filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination he received on November 8, 2017. The respondent conceded that Mr.

Bircheat is entitled to compensation, agreeing that he suffered from GBS, satisfied the criteria set forth in the Vaccine Injury Table, and that there was no more likely alternative diagnosis or apparent alternative cause. The case proceeded to a damages determination, as the parties could not agree on the amount.

Mr. Bircheat, a retiree with significant co-morbidities, presented with progressive weakness and numbness in his extremities approximately 27 days after his vaccination.

He was hospitalized and treated with IVIG therapy, but experienced a severe injury with a difficult rehabilitation course, including the surgical insertion of a feeding tube due to dysphagia. He underwent extensive physical, occupational, and speech therapy.

While his condition significantly improved over time, he reported increased pain and neuropathy even two years after his initial hospitalization. The court awarded Mr.

Bircheat $170,000.00 for pain and suffering and $558.64 for Medicaid lien expenses, totaling $170,558.00. The court considered his comorbidities, noting that while they do not diminish the impact of the GBS, they are relevant as not all of his suffering could be attributed solely to the vaccine injury.

The award was based on the severity and duration of his GBS symptoms, falling within the range of comparable GBS cases.