Ira Shankar v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2022)

Ira Shankar filed a petition on September 19, 2019, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 10, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 24, 2020, conceding that Ms.

Shankar was entitled to compensation. The respondent stated that Ms.

Shankar satisfied the criteria for a Table injury, meaning GBS onset occurred between three and forty-two days after a seasonal flu vaccination, with no more likely alternative diagnosis and no apparent alternative cause. A ruling on entitlement was issued on September 24, 2020.

The parties were unable to informally resolve the damages amount, leading to further briefing and a hearing on April 29, 2022. Ms.

Shankar, who was 39 years old at the time of vaccination, presented on October 15, 2016, five days after the flu vaccine, with mild numbness and tingling in her fingers and toes, which had begun two days prior. At that time, she had full strength and intact reflexes, with mild decreased sensation.

She was diagnosed with probable neuropathy of unknown etiology and discharged. Her condition worsened, and she presented to Memorial Hermann Sugarland Hospital on October 16, 2016, with paresthesia and generalized weakness.

She was admitted, and neurologist Muhammad Faisal Khan, M.D., noted areflexia and decreased vibratory sense in her lower extremities, suspecting GBS triggered by her flu shot. Despite normal diagnostic testing, including a lumbar puncture, Dr.

Khan treated her with IVIG for seven days. From October 24 to November 2, 2016, Ms.

Shankar underwent inpatient physical and occupational therapy. She was discharged in good, stable condition, described as having made an impressive recovery and being independent in most daily activities.

She returned home without assistive devices. She participated in outpatient therapy until November 7, 2016.

On November 9, 2016, Dr. Khan noted she was almost back to her baseline function, though she complained of fatigue.

She had full strength and normal sensation, but remained areflexic. In late December 2016, she traveled to India and attended physical therapy sessions there in January 2017.

In October 2017, she saw a physiatrist, Dr. Abedelsayed, complaining of decreased strength and stamina, and leg movements affecting sleep.

In January 2018, she was diagnosed with the flu by Dr. Ali, reporting no motor or sensory complaints and exercising regularly.

In November 2020, a telehealth visit with Dr. Khan revealed an unremarkable EMG and normal bloodwork; he referred her to rheumatology.

Ms. Shankar continues to experience fatigue, numbness, and tingling.

Chief Special Master Brian H. Corcoran issued a decision awarding damages on June 17, 2022.

He found that while Ms. Shankar's condition was initially severe, she improved rapidly to a more moderate level.

He noted her hospitalization and treatment were not as traumatic as some GBS cases, but acknowledged her significant injury and recovery. He awarded $135,000.00 for pain and suffering, $7,612.73 for past lost wages (agreed upon by the parties), and $2,583.60 for past unreimbursable medical expenses.

The total award was $145,196.33. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Kimberly Shubert Davey.

The decision was issued by Chief Special Master Brian H. Corcoran.