Robert Schenck v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2023)

Robert Schenck filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2021, alleging he suffered Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on November 1, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Schenck met the criteria for a Table injury and was entitled to compensation. Following this concession of entitlement, the parties were unable to resolve the issue of damages and proceeded to a damages hearing.

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

Mr. Schenck, who was 71 years old at the time of vaccination, sought $170,000.00 for pain and suffering.

He argued that his circumstances, including a fall prior to hospitalization, a week-long hospital stay, five courses of IVIG treatment, 20 days of inpatient rehabilitation, and subsequent need for a walker, warranted this amount. He also highlighted personal difficulties, such as his wife recovering from brain surgery, missing his mother's funeral and his grandson's college graduation, being unable to play golf, and limitations on celebrating his 50th wedding anniversary.

Furthermore, his wife could not visit him during his month-long treatment and rehabilitation due to her own recovery. Mr.

Schenck also noted the inability to receive the COVID-19 vaccine due to his condition. The respondent argued for a lower award of $105,000.00, emphasizing the lack of complications during hospitalization and rehabilitation, and his impressive recovery.

The respondent also criticized the comparable cases cited by the petitioner, noting complications or longer recovery periods in those cases. Chief Special Master Corcoran reviewed the parties' arguments, medical records, affidavits, and prior case awards.

He noted that Mr. Schenck's GBS illness was mild and largely resolved within two months, with only residual tingling in his feet.

However, he acknowledged that Mr. Schenck's suffering was heightened by his wife's recovery from surgery, his mother's passing, and the timing of his illness during the COVID-19 pandemic.

Considering the severity and duration of his suffering, the specific circumstances, and comparing them to prior awards, Chief Special Master Corcoran awarded Robert Schenck $150,000.00 for actual pain and suffering. This award was to be paid as a lump sum check to the petitioner.