Edward Sand v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2021)

Edward Sand, a 61-year-old man, 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 vaccine administered on November 20, 2018. Approximately 18 months after the petition was filed, the Respondent conceded that Mr.

Sand was entitled to compensation, finding that his GBS met the criteria of the Vaccine Injury Table. The parties were unable to resolve damages informally, and Mr.

Sand requested $140,000.00 for past and future pain and suffering, while the Respondent argued for $55,000.00. Mr.

Sand's medical history included hypertension, COPD, and chronic lumbar pain for which he had undergone surgery and received injections. He reported developing weakness, upper back pain, and numbness approximately two weeks after the flu vaccine.

His symptoms were initially attributed to his chronic back issues and a potential pinched nerve, but after further evaluation, including EMG/NCV studies, he was diagnosed with GBS in March 2019. While Mr.

Sand's GBS was considered on the milder end of the spectrum, avoiding severe complications like respiratory failure, he experienced significant pain, anxiety, and took leave from his job. He also reported residual numbness, weakness, and fatigue.

The court awarded Mr. Sand $130,000.00 for past pain and suffering, balancing the seriousness of GBS with the specific circumstances of his case, including the lack of hospitalization and the intermingling of his GBS symptoms with pre-existing conditions.