Paul Enstrom v. HHS - Influenza, Guillain Barre Syndrome (GBS) (2023)

Paul Enstrom, a 56-year-old man, filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020. He alleged that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine administered on January 30, 2020.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 23, 2021, conceding that Mr. Enstrom was entitled to compensation.

The respondent acknowledged that Mr. Enstrom suffered from GBS following the flu vaccine within the Table time period and that there was insufficient evidence to prove an unrelated cause.

The respondent also agreed that the claim met the statutory severity requirements, as Mr. Enstrom experienced sequelae of his GBS for more than six months.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 29, 2021, finding Mr.

Enstrom entitled to compensation. The case then proceeded to the damages phase.

Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Christine Mary Becer. The parties reached an impasse on the appropriate award for pain and suffering, which Chief Special Master Corcoran resolved in a Decision Awarding Damages issued on January 20, 2023.

Mr. Enstrom had a non-contributory medical history prior to vaccination.

On March 5, 2020, approximately 36 days after vaccination, he presented with progressive numbness in his extremities, weakness, difficulty walking, and back pain. He was hospitalized, where a physical exam documented an abnormal finger-nose test, abnormal gait, weakness, sensory deficits, and diminished reflexes.

Early GBS was suspected. By March 7, 2020, his symptoms had continued, and he returned to the emergency room.

MRIs of his brain and spine were performed, and a lumbar puncture showed markedly elevated CSF glucose and protein. A neurologist assessed GBS and initiated a five-day course of IVIg.

Mr. Enstrom did not experience further progression of weakness or numbness, nor abdominal, respiratory, or autonomic involvement.

He was hospitalized for six days, followed by six days of inpatient rehabilitation. He experienced residual effects, including pain, decreased strength, stamina, and balance issues, particularly in his feet.

He underwent 16 physical therapy sessions over 24 weeks. Neurology follow-ups indicated slow improvement, with strength and endurance at 60-65% of his baseline by August 2020, along with ongoing sensory symptoms and pain.

By December 2021, he reported persistent fatigue and neuropathic pain, which was significantly helped by Lyrica (pregabalin) but not completely controlled. He retired early from his job as a safety coordinator due to these symptoms and the demands of his work.

The public decision does not describe the specific mechanism of injury or name any expert witnesses. Chief Special Master Corcoran awarded Mr.

Enstrom a total of $171,279.47, consisting of $170,000.00 for actual pain and suffering and $1,279.47 for actual unreimbursed expenses. This award was based on the severity and duration of his GBS, considering his hospitalization, IVIg treatment, rehabilitation, residual symptoms, and impact on his personal and professional life, drawing comparisons to prior GBS cases.