Raquel Hernandez v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2023)

Raquel Hernandez filed a petition alleging that she suffered from Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine she received on September 19, 2019. She further alleged that the residual effects of her GBS lasted for longer than six months.

The respondent conceded that Petitioner is entitled to compensation, stating that her condition met the criteria set forth in the Vaccine Injury Table and that the GBS onset occurred within the specified timeframe after vaccination with no apparent alternative cause. The case proceeded to a damages determination, as the parties could not reach a settlement.

Petitioner, who was 43 years old at the time of vaccination, presented to the emergency room six days post-vaccination with diarrhea and fever, and again five days later with more severe symptoms. On October 1, 2019, she was admitted to the hospital with generalized weakness that progressed to an inability to walk.

She was diagnosed with GBS and received IVIG treatment. After a ten-day hospitalization and an eighteen-day stay in inpatient rehabilitation, she was discharged home.

She underwent extensive physical and occupational therapy, requiring assistance with activities of daily living and using a wheelchair for almost a year. She needed an assistive device to walk for nearly two years and was unable to drive for nearly three years.

While she has made a substantial recovery, she continues to experience some lingering deficits in strength, balance, and stamina, requiring ongoing physical therapy. The court awarded Raquel Hernandez $195,952.74 in total compensation, comprising $192,000.00 for actual pain and suffering, $3,608.64 for past unreimbursed expenses, and $344.10 for future unreimbursed expenses.