Josephine Feitel v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)

Josephine Feitel, an 80-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2021, alleging Guillain-Barre Syndrome (GBS) resulting from an influenza vaccine received on December 10, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 13, 2022, conceding that Ms.

Feitel satisfied the criteria set forth in the Vaccine Injury Table for GBS following an influenza vaccine. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and Ms.

Feitel met the statutory severity requirement of suffering residual effects for more than six months. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on January 17, 2023, finding Ms. Feitel entitled to compensation.

The parties were unable to informally resolve damages, leading to briefing on the matter. On April 12, 2024, Chief Special Master Corcoran issued a Decision awarding Ms.

Feitel $170,000.00 for actual pain and suffering. The medical history detailed that Ms.

Feitel received the flu vaccine on December 10, 2019. Eleven days later, she presented with back pain and paresthesia, progressing to weakness and inability to walk.

She was diagnosed with GBS. She was hospitalized for seven days, received a five-day course of IVIG and Gabapentin, and was discharged to an inpatient rehabilitation facility for 29 days.

Following rehabilitation, she underwent five weeks of home physical therapy. At discharge from rehabilitation, she required a walker and continued to experience residual symptoms, including weakness and neuropathic pain, for at least two and a half years following vaccination.

The decision noted that Ms. Feitel was independent and exercised regularly prior to her illness.

Her recovery involved significant physical therapy and ongoing management of pain and balance issues. The Special Master compared Ms.

Feitel's case to prior GBS awards, particularly the Dillenbeck case, finding that while Ms. Feitel had a shorter hospitalization, her extended stay in rehabilitation and continued need for a walker post-rehabilitation made the Dillenbeck award of $170,000.00 appropriate.

The award was for actual pain and suffering and was paid as a lump sum. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Mitchell Jones of the U.S.

Department of Justice.