Sarah Voeller v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)

On November 4, 2020, Sarah Voeller filed a petition on behalf of her minor child, N.V., alleging that N.V. suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine received on January 23, 2018. N.V., who was four years old at the time of vaccination, began complaining of leg pain 38 days later, which progressed to difficulty walking and severe pain.

After multiple hospital visits and extensive testing, N.V. was diagnosed with GBS and received treatment, including IVIG infusions. She was hospitalized for a total of ten days, followed by a 16-day stay in inpatient rehabilitation and seven sessions of outpatient physical therapy.

N.V. experienced a good recovery, returning to full-time daycare and activities within four months, though she continued to report some mild residual symptoms such as fatigue, occasional leg pain, and sensory sensitivity. The respondent conceded entitlement, and the case proceeded to a damages determination.

Petitioner sought $190,000 for past pain and suffering and an annuity for future medical expenses, while the respondent proposed $88,000 for pain and suffering and argued that future care would be covered by insurance. Chief Special Master Brian H.

Corcoran awarded $185,000 for past pain and suffering, finding it appropriate given N.V.'s initial severe presentation and treatment course, balanced against her excellent recovery and prognosis. The request for future medical expenses and an annuity was denied, as the court found that N.V.'s ongoing symptoms were manageable, she had excellent recovery, and future costs were speculative and likely covered by insurance.

Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.