Mary Ann O’Donnell v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
Mary Ann O’Donnell filed a petition on June 24, 2021, alleging that she suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 1, 2019. The respondent, the Secretary of Health and Human Services, conceded that Petitioner's claim met the criteria for GBS following a flu vaccine as listed on the Vaccine Injury Table.
This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on December 2, 2022.
Petitioner, born in 1940, was 79 years old at the time of vaccination and GBS onset. Her medical history included anemia, chronic obstructive pulmonary disease (COPD), intermittent fatigue, and chronic pain and numbness in her feet.
She stated that these pre-existing conditions did not cause physical limitations prior to her GBS. Following vaccination, she experienced numbness and weakness, leading to hospitalization on October 16, 2019.
During her hospitalization, she underwent extensive diagnostic testing, received steroids, and had cervical spine surgery on October 29, 2019, which did not alleviate her symptoms. She was later transferred to Loyola University Medical Center, where a lumbar puncture and EMG/NCV studies were performed.
The EMG/NCV findings were consistent with an asymmetric sensorimotor polyneuropathy with prominent demyelinative characteristics, identified as the AIDP subtype of GBS. She received five plasmapheresis sessions, which provided some improvement.
She then spent 22 days in inpatient rehabilitation for physical therapy, occupational therapy, and speech therapy. Following discharge from inpatient rehabilitation, she received home health care, including skilled nursing, physical therapy, and occupational therapy, for approximately three months, which was interrupted by insurance limitations and the COVID-19 pandemic.
She self-discharged from home health services in August 2020. The parties reached an impasse on the issue of damages, specifically for pain and suffering, which was resolved by Chief Special Master Corcoran in a decision dated November 20, 2023.
In his decision, Chief Special Master Corcoran awarded Petitioner $190,000.00 for past pain and suffering. This award considered the severity and duration of her injury, the invasive spinal surgery performed during her GBS hospitalization, and was informed by comparisons to prior cases within the Vaccine Program.
Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Steven Santayana of the U.S. Department of Justice.
Theory of causation
Petitioner Mary Ann O’Donnell, born in 1940, received an influenza vaccine on October 1, 2019. She subsequently developed Guillain-Barré syndrome (GBS), a condition listed on the Vaccine Injury Table for influenza vaccines. The respondent conceded that Petitioner's claim met the criteria for a Table injury. The Special Master found Petitioner entitled to compensation. The parties later disputed the amount for pain and suffering. Petitioner experienced GBS onset approximately 14 days after vaccination, leading to hospitalization, diagnostic testing, cervical spine surgery, plasmapheresis, and inpatient rehabilitation, followed by home health care for approximately ten months. The Special Master awarded $190,000.00 for past pain and suffering, considering the severity and duration of the injury, the unsuccessful spinal surgery performed during the GBS course, and comparing the case to prior awards. No specific medical experts were named in the provided text, and the mechanism of causation was not detailed beyond the concession that the injury was a Table injury. Petitioner was represented by Emily Beth Ashe, and Respondent by Steven Santayana. Chief Special Master Brian H. Corcoran issued the entitlement ruling and the final decision on damages.