Sandra Merchant v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2022)

Sandra Merchant, formerly known as Sandra Gillingham, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 17, 2020. She alleged that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination administered on November 9, 2018.

The case was assigned to the Special Processing Unit. On January 11, 2021, the Respondent conceded that Petitioner's GBS was consistent with the Vaccine Injury Table for GBS following a seasonal flu vaccination, and that there was no evidence of an unrelated cause.

The Respondent further agreed that Petitioner's symptoms fell within the 3 to 42-day window after vaccination and that her records showed sequelae of the injury for more than six months post-vaccination. Based on this concession, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement in Petitioner's favor on January 14, 2021. As the parties could not agree on damages, the matter proceeded to a damages hearing.

Petitioner requested $200,000.00 for past pain and suffering, while Respondent proposed $95,000.00. The parties agreed on $1,473.24 for lost wages and $1,401.08 for unreimbursed expenses.

The hearing was held on September 30, 2022. The public decision, issued on November 7, 2022, detailed Petitioner's clinical course.

She presented on November 23, 2018, approximately two weeks after vaccination, with a five-day history of progressive weakness and numbness in her legs. She was admitted to the hospital, diagnosed with acute inflammatory demyelinating polyneuropathy (AIDP), and treated with IVIG therapy.

She was discharged after one week with a prescription for a walker. Post-discharge, she continued to experience numbness, tingling, generalized weakness, and neck and upper back pain, requiring physical therapy.

By May 28, 2019, she reported ongoing urinary incontinence, for which she was prescribed medication and received multiple Emsella treatments. The decision noted that Petitioner's GBS also caused her Hashimoto's disease to flare, leading to excessive fatigue.

Petitioner's affidavit described the sale of her farm due to her inability to maintain it, distress from experiencing a severe injury away from home during a holiday with her son, difficulty parenting her autistic son, and delays in starting a new job. Chief Special Master Corcoran awarded Petitioner $170,000.00 for past pain and suffering, plus the agreed-upon amounts for lost wages and unreimbursed expenses, totaling $172,874.32.

Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.

Chief Special Master Brian H. Corcoran issued the final decision.