Francisco Castellanos v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2022)

On November 4, 2019, Francisco Castellanos filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he developed Guillain-Barré syndrome (GBS) as a result of receiving an influenza vaccine on September 28, 2018. Mr.

Castellanos, an 80-year-old retiree, experienced symptoms of extreme weakness and numbness in his legs approximately three weeks after vaccination, on October 18, 2018. His condition worsened, leading to hospitalization on October 20, 2018, where he was diagnosed with GBS.

His treatment included a nine-day hospital stay, a lumbar puncture, five rounds of intravenous immunoglobulin (IVIG) treatment, and 30 days in an inpatient rehabilitation facility. He also underwent over 20 physical therapy sessions.

Following discharge, he used a walker for ambulation until at least January 29, 2019. The respondent initially disputed entitlement, arguing that Mr.

Castellanos had not suffered residual effects for more than six months. However, the Special Master found that the evidence preponderantly established that his GBS symptoms persisted beyond the six-month requirement.

This finding was based on medical records indicating his physician noted he was "recovering from [GBS]" on May 3, 2019, and lingering symptoms of tingling and numbness in his hands and feet reported in August 2019. The Special Master determined that Mr.

Castellanos was entitled to compensation. For past pain and suffering, the Special Master awarded $125,000.00.

This award acknowledged the seriousness of GBS and the intensity of his initial treatment, while also considering his pre-existing comorbidities, such as diabetes and carpal tunnel syndrome, which may have contributed to some ongoing symptoms. No award was made for future pain and suffering due to a lack of evidence of permanent injury.

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

Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.