Michael Maxwell v. HHS - Influenza, Guillain-Barré syndrome (2024)
Case summary [AI summaries can sometimes make mistakes]
On September 21, 2021, Michael Maxwell, then 17 years old, filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Guillain-Barré syndrome (GBS) as a Table injury, or alternatively a caused-in-fact injury, after receiving an influenza vaccine on October 26, 2018.
Petitioner claimed his vaccine-related injuries lasted more than six months, satisfying the Vaccine Act's severity requirement. The respondent, the Secretary of Health and Human Services, conceded entitlement for a Table GBS injury, but the parties could not agree on damages.
Chief Special Master Brian H. Corcoran presided over the case.
In a ruling on entitlement dated August 15, 2023, Special Master Corcoran found that Petitioner likely suffered residual effects of GBS for more than six months, satisfying the severity requirement. The public decision on damages was issued on March 29, 2024.
Petitioner initially sought $175,000.00 for pain and suffering, later reducing it to $160,000.00, and $4,674.11 for unreimbursed expenses. Respondent argued for an award not exceeding $100,000.00 for pain and suffering, citing Petitioner's limited treatment and quick recovery.
Special Master Corcoran noted that Petitioner, a healthy and athletic 17-year-old, experienced a mild to moderate GBS illness that substantially improved within three months, with residual symptoms primarily being fatigue. The Special Master considered Petitioner's prior aspirations of playing college lacrosse and joining the Navy Seals, as well as the timing of his illness during his junior year of high school.
After reviewing the medical records, declarations, and comparable cases, Special Master Corcoran awarded Petitioner $140,000.00 for actual pain and suffering and $4,674.11 for unreimbursed expenses, totaling $144,674.11. The award was to be paid as a lump sum.
Petitioner was represented by Alison H. Haskins and Siri Glimstad, LLP, and Respondent was represented by Tyler King and Eleanor Hanson.
Theory of causation
Petitioner Michael Maxwell, age 17, received an influenza vaccine on October 26, 2018. He filed a petition alleging Guillain-Barré syndrome (GBS) as a Table injury. The respondent conceded entitlement for a Table GBS injury. The primary dispute was whether Petitioner suffered residual effects of GBS for more than six months, as required by the Vaccine Act. Petitioner presented evidence, including medical records and declarations, indicating continued fatigue and diminished stamina through at least July 2019, satisfying the severity requirement. Special Master Brian H. Corcoran found that Petitioner suffered residual effects of GBS, primarily fatigue, for more than six months post-vaccination, thus meeting the severity requirement for a Table GBS injury. The case proceeded to damages. Petitioner sought $175,000.00 for pain and suffering, later reduced to $160,000.00, and $4,674.11 for unreimbursed expenses. Respondent proposed an award not exceeding $100,000.00 for pain and suffering. Special Master Corcoran awarded $140,000.00 for pain and suffering and $4,674.11 for unreimbursed expenses, totaling $144,674.11, in a decision dated March 29, 2024. Petitioner was represented by Alison H. Haskins and Siri Glimstad, LLP, and Respondent by Tyler King and Eleanor Hanson.