Timothy Elenteny v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

On December 30, 2019, Timothy Elenteny filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on December 28, 2018. Mr.

Elenteny was 53 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 14, 2020, conceding that Mr.

Elenteny was entitled to compensation. The respondent's position was that Mr.

Elenteny suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table (Table) and its Qualifications and Aids to Interpretation (QAI), which afforded him a presumption of vaccine causation. A Ruling on Entitlement was issued by Chief Special Master Brian H.

Corcoran on December 16, 2020, finding Mr. Elenteny entitled to compensation.

The parties were unable to reach an agreement on damages, leading to a "Motions Day" proceeding on January 27, 2023. Petitioner's counsel was Edward Kraus of the Law Offices of Chicago Kent, and later Kraus Law Group, LLC.

Respondent's counsel was Ida Nassar, and later Andrew Henning, both of the U.S. Department of Justice.

Mr. Elenteny presented to urgent care on January 10, 2019, thirteen days after his vaccination, with symptoms including severe headache, back pain, and numbness and tingling in his hands, arms, and fingers.

These symptoms progressed, and he was admitted to the emergency department on January 17, 2019. After five days of testing, including MRIs, blood cultures, a lumbar puncture, and an EMG/NCS, he was diagnosed with acute motor-axonal GBS.

His treatment included gabapentin, opioids, and six IVIG treatments. He was hospitalized for 12 days, followed by 31 days in inpatient rehabilitation.

He began outpatient physical therapy on March 7, 2019, and followed up with a neurologist and pain management specialist. By March 26, 2019, he could walk with a walker but had significant foot drop and facial weakness.

By May 13, 2019, he could walk without an assistive device. By October 24, 2019, he had largely recovered, reporting return to work but not yet traveling or driving.

By December 10, 2020, nearly two years after vaccination, he reported being at "close to 90% of his pre-illness level," having resumed running but still experiencing some lower extremity weakness, facial sensation changes, and pain/numbness in his feet. His primary care physician, Dr.

William Dodson III, stated in a January 10, 2023 letter that Mr. Elenteny continued to experience permanent symptoms, including pain in his fingers and toes, facial nerve damage impacting eating and smiling, low stamina, and increased fatigue.

Petitioner sought $200,000 for past and future pain and suffering, plus $1,000 per year for life, and $7,830.03 for unreimbursed expenses. Respondent proposed $120,000 for pain and suffering, acknowledging the $7,830.03 in expenses.

Chief Special Master Brian H. Corcoran awarded Mr.

Elenteny $180,000.00 for actual pain and suffering and $7,830.03 for unreimbursed expenses, totaling $187,830.03. The Special Master found that while Mr.

Elenteny had a substantial recovery, his initial symptoms, diagnosis, hospitalization, and treatment course were significant. However, he distinguished Mr.

Elenteny's case from prior cases with higher awards due to his more rapid recovery and return to work. The Special Master determined that a future component for pain and suffering was not warranted due to insufficient evidence of comparable work limitations, but that his ongoing sequelae were addressed by factoring them into the past pain and suffering award.

The final award was a lump sum of $187,830.03.