William L. Miller v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

William L. Miller, a 76-year-old retired professor, filed a petition for compensation under the National Vaccine Injury Compensation Program on July 9, 2021.

He alleged that he suffered Guillain-Barré Syndrome (GBS) which met the definition on the Vaccine Injury Table, or alternatively, was caused by the influenza vaccine he received on January 4, 2020. Mr.

Miller stated he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 22, 2022, conceding that Mr.

Miller is entitled to compensation because his GBS met the Table definition. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on April 22, 2022, finding Mr. Miller entitled to compensation.

The parties were unable to resolve damages informally, leading to briefing on the matter. On March 13, 2023, Chief Special Master Corcoran issued a decision awarding damages.

Mr. Miller's medical history included prior conditions such as gastrointestinal disease, a surgically repaired rotator cuff tear, and prostate cancer.

Approximately one week after vaccination, he began experiencing tingling and numbness in his feet and legs, progressing to include right facial drooping and difficulty walking. He was initially seen by his primary care provider, who noted no definitive evidence of GBS but cautioned it might be a very mild form.

On January 18, 2020, he visited the emergency room, reporting worsening symptoms and new onset of right facial drooping and inability to close his eye, which were characterized as Bell's Palsy symptoms. He was admitted to the hospital, where a neurologist diagnosed him with acute inflammatory demyelinating polyneuropathy (AIDP), a common form of GBS.

Due to his critical condition and risk of respiratory compromise, he was transferred to intensive care and prescribed plasmapheresis. A PICC line was inserted for treatment, and he also developed deep vein thrombosis (DVT) related to this line.

Mr. Miller received five courses of plasmapheresis from January 19th to 27th.

His condition improved, and he was discharged to inpatient rehabilitation on January 29, 2020. He completed two days of inpatient rehabilitation and was discharged on January 31, 2020.

Subsequent medical visits noted continued leg pain, inability to completely close his right eye, and symptoms of DVT. He was prescribed Gabapentin for leg pain and anticoagulants for DVT.

By February 12, 2020, his lower extremity pain and coldness had resolved, but he still had facial weakness and DVT symptoms. He continued physical, occupational, and speech therapy, meeting most goals by March 6, 2020.

He reported minimal functional deficits but continued to have some vocal quality issues. By May 26, 2020, his DVT had resolved, and he was advised to discontinue medication.

He reported feeling about 90-95 percent recovered from GBS, with occasional shortness of breath and inability to run on his heels, but could play tennis. In August 2020, he visited a pulmonary clinic complaining of shortness of breath, assessed as mild airflow obstruction possibly due to weakened diaphragm or mild asthma.

By December 2020, COPD was added as a diagnosis. He continued to experience some shortness of breath when playing tennis and singing, and an inability to hold a singing note as long as before.

The parties agreed on $3,027.98 for past out-of-pocket expenses. Mr.

Miller sought $250,000.00 for past pain and suffering and $10,000.00 annually for future pain and suffering. The respondent argued for $119,500.00 for past pain and suffering and no future award.

Chief Special Master Corcoran found Mr. Miller's GBS to be a moderate illness, requiring hospitalization and rehabilitation, with complications including DVT.

He noted that most symptoms resolved by May 2020, with residual mild shortness of breath and inability to heel walk. Comparing Mr.

Miller's case to others, Chief Special Master Corcoran determined that an award of $155,000.00 for past pain and suffering was appropriate, the same amount awarded in the Nelson case. He found no entitlement to future pain and suffering, as Mr.

Miller had not demonstrated that his residual symptoms would have a significant future effect or constitute a permanent disability beyond what was addressed in the actual damages award. The total award was $158,027.98, consisting of $155,000.00 for past pain and suffering and $3,027.98 for past out-of-pocket expenses.

The decision was issued on March 13, 2023.