Chassie Clemens v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

Chassie Clemens, a 36-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 3, 2019. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on October 6, 2016.

The respondent, the Secretary of Health and Human Services, filed a report on December 28, 2020, conceding that Ms. Clemens was entitled to compensation because her condition met the criteria set forth in the Vaccine Injury Table for a flu/GBS injury, persisted for at least six months, and had no alternative cause.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 29, 2020, finding Ms.

Clemens entitled to compensation. The parties were unable to reach an agreement on damages, leading to a decision issued on June 24, 2022.

Ms. Clemens sought $225,000 for past and future pain and suffering and $24,489.18 for a Medicaid lien.

The respondent proposed $77,500 for pain and suffering and $24,129.90 for the lien. The medical history indicated that Ms.

Clemens experienced symptoms approximately 20 days after vaccination, including tingling in her hands and feet, back pain, difficulty eating and drinking, numbness, and urinary incontinence. She presented to emergency rooms on multiple occasions and was eventually diagnosed with GBS after presenting to neurologist Dr.

Karen Truitt and undergoing an EMG. She was hospitalized from November 17 to November 23, 2016, receiving IVIG, physical therapy, occupational therapy, and speech therapy.

While her symptoms improved, she continued to experience facial weakness and fatigue. Subsequent diagnoses included chronic fatigue syndrome, restless leg syndrome, insomnia, and fibromyalgia.

Chief Special Master Corcoran awarded Ms. Clemens $180,000.00 for actual pain and suffering, noting that while her GBS was moderate, GBS injuries warrant a slightly higher award.

He found her situation similar to a prior case where $180,000 was awarded. He also awarded $24,233.89 to reimburse a Medicaid lien for services related to her GBS, after excluding certain charges for unrelated conditions.

The total award was $204,233.89. Petitioner's counsel was David John Carney of Green & Schafle LLC, and respondent's counsel was Meghan Murphy of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran presided over the case.