Darcy Weidner v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

On July 7, 2021, Darcy Weidner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine received on October 4, 2019. Ms.

Weidner was 19 years old at the time of vaccination, working as a nursing assistant, and had a one-year-old child. Her pre-vaccination medical history included Von Willebrand’s disease and chest palpitations.

Approximately ten days after vaccination, on October 14, 2019, she presented to the emergency room, but not with GBS-like symptoms. About a month later, on November 11, 2019, she returned to the ER with severe lower back pain, fever, nausea, vomiting, and numbness in her left lower extremity.

While hospitalized, she experienced a loss of sensation in her legs and fingers. She was transferred to a neurology ICU, where she was assessed with symmetrical bilateral weakness and numbness concerning for GBS.

A lumbar puncture showed no abnormalities. She received IVIG treatment and began physical and occupational therapies.

By November 18, 2019, she reported improvement and was discharged with orders for home-health PT/OT. She continued to experience symptoms including diffuse aches, daily headaches/weekly migraines, and numbness and tingling.

Her Gabapentin dosage was increased. In January 2020, she experienced a syncopal episode, which her physician attributed to lingering parasympathetic dysfunction from her GBS.

In February 2020, she had a second syncopal episode, and her cardiologist later opined that GBS might be a precipitating factor. By June 2020, her GBS-related pain was improving and manageable.

In July 2021, she reported widespread pain, and her neurologist suspected fibromyalgia. In April 2022, she presented with a severe headache/migraine, and an examination confirmed baseline extremity sensory deficit due to GBS and some right-sided facial numbness.

She also reported chronic numbness and tingling in her upper lower extremities since GBS, which worsened during headaches. Her neurosurgeon attributed her headaches to ocular migraines or tension-type headaches.

Affidavits submitted by Ms. Weidner indicated ongoing sequelae of GBS, including numbness, weakness, tingling, migraines, heart palpitations, shortness of breath, and fatigue, which impacted her ability to work, focus on schoolwork, and care for her child.

The respondent filed a Rule 4(c) report conceding entitlement, stating that the flu vaccination was documented, the onset of symptoms was consistent with the Vaccine Injury Table criteria, clinical findings were consistent with GBS, and no other condition explained her symptoms. The respondent also agreed that the injury lasted for at least six months.

A Ruling on Entitlement was issued on July 8, 2022, by Chief Special Master Brian H. Corcoran, finding Petitioner entitled to compensation.

The parties were unable to resolve damages informally, leading to a damages hearing on October 6, 2023. Chief Special Master Brian H.

Corcoran issued a decision on November 21, 2023, awarding Ms. Weidner $163,000.00 for actual pain and suffering.

The Special Master considered the severity and duration of her GBS, noting it was a moderate injury but acknowledging the frightening nature of GBS. The award was based on the moderate acute phase of treatment, impact on her ability to care for her child and work, and lingering deficits, while also considering that her recovery was good overall and not as severe as some other GBS cases.

Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Michael Johnson Dunn Brown and later Katherine Carr Esposito of the U.S. Department of Justice.