Donald Holmberg v. HHS - Influenza, Guillain-Barré syndrome (2024)

Donald Holmberg filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2021, alleging that he developed Guillain-Barré syndrome (GBS) after receiving an influenza vaccine on January 28, 2020. The case was assigned to the Special Processing Unit.

On June 23, 2023, the Special Master determined that Mr. Holmberg experienced the onset of GBS no more than 42 days after receiving the flu vaccine.

The respondent filed a Rule 4(c) report on September 7, 2023, acknowledging the onset determination and stating that the respondent would not defend the case on other grounds, agreeing that Mr. Holmberg had otherwise satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for GBS following flu vaccination.

Consequently, a Ruling on Entitlement was issued, finding Mr. Holmberg entitled to compensation.

Subsequently, on October 7, 2024, a Decision Awarding Damages was issued. The Special Master considered the legal standard for compensation, including awards for pain and suffering and unreimbursable expenses.

Mr. Holmberg, a 70-year-old military veteran with pre-existing conditions including chronic hip pain, anxiety, and PTSD, received the flu vaccine on January 28, 2020.

He developed GBS symptoms, including numbness and balance issues, leading to hospitalization on March 13, 2020. He was diagnosed with GBS after a lumbar puncture confirmed elevated protein in his cerebrospinal fluid.

He underwent physical and occupational therapy and was discharged from inpatient rehabilitation on April 16, 2020. The Special Master noted that Mr.

Holmberg avoided the most severe manifestations of GBS, such as respiratory failure, but experienced enhanced suffering due to his PTSD and the emergence of the COVID-19 pandemic, which limited in-person visits from loved ones. Following discharge, he had persistent numbness, tingling, gait abnormalities, and fatigue, documented up to 13 months post-vaccination.

The Special Master reviewed medical records, affidavits, and arguments from both parties, considering prior GBS cases and the specific circumstances of Mr. Holmberg's recovery.

The Special Master found that Mr. Holmberg's GBS symptoms persisted for over 13 months.

The decision awarded Mr. Holmberg a lump sum of $170,915.57, comprising $170,000.00 for past pain and suffering and $915.57 for past unreimbursable expenses.

The Special Master noted that Mr. Holmberg had stopped working part-time and hunting due to his condition.

The award was made payable to Mr. Holmberg.

Petitioner's counsel was Alison H. Haskins of Maglio Christopher & Toale, PA, and later Alison Haskins of Siri & Glimstad, LLP.

Respondent's counsel was Jennifer A. Shah, and later Benjamin Patrick Warder, both of the U.S.

Department of Justice. The decisions were issued by Chief Special Master Brian H.

Corcoran.