Edward Vallee v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

On October 13, 2020, Edward Vallee filed a petition under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine administered on November 2, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Vallee met the criteria for GBS under the Vaccine Injury Table and was entitled to compensation. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on June 21, 2021, finding Mr. Vallee entitled to compensation.

Mr. Vallee passed away from unrelated causes on August 9, 2021, with GBS listed as a contributing condition.

Patricia Vallee was substituted as petitioner as the administrator of Mr. Vallee's estate.

The case proceeded to a damages hearing, with the parties reaching an impasse on the award for pain and suffering. Petitioner sought $180,000.00 for pain and suffering and $2,090.30 for unreimbursed expenses.

Respondent argued for $106,500.00 for pain and suffering, not disputing the unreimbursed expenses. Chief Special Master Corcoran reviewed Mr.

Vallee's medical history, which included chronic conditions such as hypertension, hyperlipidemia, coronary artery disease, kidney disease, and diabetes, as well as sequelae from bilateral subdural hematomas requiring prior surgeries. Mr.

Vallee received the influenza vaccine on November 2, 2018. Thirteen days later, on November 15, 2018, he presented with weakness in his extremities, diagnosed with GBS.

He was hospitalized from November 15-19, 2018, and received IVIG treatment. Following hospitalization, he underwent extensive outpatient physical and occupational therapy sessions over approximately seven months.

Mr. Vallee continued to experience weakness, fatigue, and numbness, requiring a walker for mobility until his death.

Chief Special Master Corcoran found that while Mr. Vallee's GBS course was moderate and prolonged, it was not as severe as in some other GBS cases.

He considered Mr. Vallee's pre-existing comorbidities, noting they complicated his recovery but did not diminish the impact of the GBS.

Balancing the severity of GBS, Mr. Vallee's personal loss, the moderate disease course, and treatment requirements, and reviewing prior case awards, Chief Special Master Corcoran awarded $160,000.00 for pain and suffering and $2,090.30 for unreimbursed expenses, for a total award of $162,090.30.

The decision was issued on July 27, 2023.