Steven Corwin v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2024)

Steven Corwin, a 67-year-old retired police officer, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 23, 2020. He alleged that an influenza vaccine he received on October 30, 2018, caused him to develop Guillain-Barré Syndrome (GBS), which is listed on the Vaccine Injury Table.

Respondent filed a report on August 12, 2021, recommending that compensation be awarded and conceding that Petitioner satisfied the criteria for a Table injury, specifically GBS and its related sequelae. Special Master Herbrina Sanders issued a Ruling on Entitlement on October 29, 2021, finding Petitioner entitled to compensation, and the case proceeded to the damages phase.

The parties were unable to agree on an amount for pain and suffering. Petitioner's medical history included joint disease, gastroesophageal reflux disease, hypertension, hyperlipidemia, and a long-standing history of back and hip pain.

A few days after vaccination, Petitioner began experiencing pain, numbness, and gait problems. He was hospitalized on November 5, 2018, where he was diagnosed with GBS.

His condition initially worsened, requiring transfer to the ICU, but improved after two rounds of intravenous immunoglobulin (IVIG) treatment. He was discharged from the hospital on November 15, 2018, and transferred to inpatient rehabilitation, from which he was discharged on December 3, 2018.

Following discharge, Petitioner experienced residual weakness, numbness, and significant back and hip pain, which he attributed to his GBS and immobility. His medical records indicate he underwent lumbar spine surgery on May 15, 2019, for low back pain and numbness, and a left total hip arthroplasty on August 5, 2019, due to hip pain and difficulty ambulating.

Petitioner stated that prior to vaccination, he was healthy and enjoyed an active lifestyle, including surfing, hiking, and bike riding. He alleged that his GBS and subsequent immobility led to severe incontinence, lower back pain requiring surgery, and hip replacement surgery.

He reported ongoing numbness in his legs and lower back, unsteadiness when walking, and nocturnal leg spasms. He also noted frequent urinary tract infections (UTIs) since his GBS onset.

Petitioner sought $200,000.00 for past pain and suffering, citing his hospitalization, IVIG treatment, rehabilitation, ongoing symptoms, and inability to enjoy his retirement activities. He compared his case to others with similar awards.

Respondent argued that Petitioner's GBS course was less severe than many in the Program, noting he never lost the ability to walk and his treatment was typical. Respondent suggested an award of $130,000.00 for pain and suffering, arguing that Petitioner's chronic orthopedic issues overshadowed his GBS sequelae by six and a half months post-vaccination.

Special Master Herbrina D. S.

Young reviewed the evidence, including Petitioner's medical records, his affidavit, and his damages declaration. She considered the severity and duration of Petitioner's suffering, his pre-existing conditions, and the impact of the GBS on his life, including his inability to participate in recreational activities.

Special Master Young found that Petitioner had full awareness of his suffering, and that while his GBS was not among the most severe, it had lasting effects. She noted that Petitioner required forearm crutches, wheelchair assistance at an airport, and continued to struggle with gait issues and self-catheterization.

She also found that Petitioner's pre-existing conditions did not affect his mobility prior to vaccination and that his GBS significantly worsened his condition, leading to surgeries. On December 20, 2024, Special Master Young awarded Steven Corwin $180,000.00 for past pain and suffering.