Peter Weil v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Peter Weil filed a petition for compensation under the National Vaccine Injury Compensation Program on February 1, 2021, alleging that he suffered Guillain-Barre Syndrome (GBS) following receipt of an influenza vaccine administered on September 26, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Weil met the criteria for a flu-GBS Table injury and was entitled to compensation. A ruling on entitlement was entered in Mr.

Weil's favor on August 6, 2021. The parties were unable to agree on damages, specifically compensation for pain and suffering.

Mr. Weil, who was 61 years old at the time of vaccination, presented to urgent care on October 6, 2019, complaining of numbness, tingling, and weakness in his legs that began the previous day, leading to falls.

He was evaluated at the emergency department by Dr. Marish Shah, who diagnosed GBS, noting a history of recent influenza and shingles vaccines.

Neurologist Ditte Primdahl further examined Mr. Weil, confirming the likely diagnosis of acute inflammatory demyelinating polyneuropathy (AIDP) and initiating treatment with IVIG.

Mr. Weil began physical therapy on October 7, 2019, exhibiting weakness and balance issues.

His condition worsened during hospitalization, with proximal upper extremity weakness and sensory changes reported. He was discharged from the hospital on October 10, 2019, and began a twenty-day stay at a rehabilitation hospital.

Upon discharge from rehabilitation on October 30, 2019, he still required a wheelchair and walker for mobility and experienced numbness and reduced strength. He continued physical and occupational therapy, and by December 18, 2019, he reported feeling nearly back to baseline, though with some residual hip weakness and numbness in his feet.

By May 20, 2020, his strength had completely returned, though he still reported occasional gait imbalance and numbness in his right foot. He continued to experience minor bladder irritation, lingering right foot numbness, and occasional low back pain in subsequent check-ups.

Chief Special Master Brian H. Corcoran issued a decision awarding Mr.

Weil $140,000.00 for pain and suffering and $1,331.67 for unreimbursed expenses, for a total award of $141,331.67. The Special Master found Mr.

Weil's GBS to be on the moderate end of the severity spectrum, noting his intense initial treatment period and subsequent significant improvement, which distinguished his case from more severe GBS awards. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Meghan Murphy.