Roger Nyhuis v. HHS - Influenza, Guillain-Barré syndrome (GBS) (2023)

Roger Nyhuis filed a petition for compensation under the National Vaccine Injury Compensation Program on July 26, 2021, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on September 20, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Nyhuis is entitled to compensation. The respondent agreed that Mr.

Nyhuis suffered from GBS and satisfied the criteria set forth in the Vaccine Injury Table, which afforded him a presumption of vaccine causation, provided the onset of GBS occurred between three and forty-two days after the vaccination, there was no more likely alternative diagnosis, and no apparent alternative cause. Following the concession of entitlement, the parties were unable to resolve the amount of damages, leading to a briefing schedule on the matter.

Chief Special Master Brian H. Corcoran presided over the case.

Mr. Nyhuis sought $180,000.00 for pain and suffering, while the respondent argued for $110,000.00.

Mr. Nyhuis emphasized the 34-day hospitalization and inpatient rehabilitation, a Foley catheter injury during a transfer, the need for assistance with basic tasks, inability to work for four months, and continued need for pain medication and Gabapentin more than a year post-vaccination.

The respondent characterized Mr. Nyhuis's GBS illness as relatively mild, noting his significant improvement at home and lack of interest in physical therapy, and argued that his lingering neuropathy and incontinence were attributed to diabetes, not GBS.

Chief Special Master Corcoran considered the severity and duration of Mr. Nyhuis's illness, noting he was 71 years old at the time of vaccination.

The Special Master reviewed medical records, affidavits, and party assertions, and considered prior pain and suffering awards in similar GBS cases. The Special Master found that Mr.

Nyhuis suffered from a moderately severe GBS illness, involving difficulties standing and walking, and requiring hospitalization and rehabilitation. The Special Master noted that Mr.

Nyhuis's GBS was not diagnosed for two weeks, potentially due to pre-existing conditions, and that he experienced a urethral injury related to his Foley catheter. Although his symptoms improved after IVIG treatments, he continued to experience tingling, facial drooping, a distended abdomen, bowel incontinence, and weakness in his lower extremities.

He underwent home physical and occupational therapy, and while he improved, he still experienced pain and bowel incontinence. The Special Master found that while the duration of his GBS illness was less than in some cited cases, an award on the lower end of the range of $170,000.00 to $180,000.00 was warranted due to his initial difficulties.

The Special Master awarded Mr. Nyhuis a total of $179,831.38, comprising $170,000.00 for pain and suffering and $9,831.38 for past lost wages.

The parties agreed on the amount for past lost wages. The decision was issued on March 13, 2023.