Romeo Allas v. HHS - Influenza, Guillain-Barré syndrome (2025)

Romeo Allas, a 75-year-old individual, filed a petition for compensation under the National Vaccine Injury Compensation Program on November 24, 2021. He alleged that an influenza vaccine received on September 6, 2020, caused him to develop Guillain-Barré syndrome (GBS).

The respondent is the Secretary of Health and Human Services. An entitlement hearing was held on April 24, 2024, and Chief Special Master Brian H.

Corcoran issued a ruling on October 9, 2024, finding Mr. Allas entitled to compensation.

The parties were unable to agree on damages, leading to a subsequent damages decision by Chief Special Master Corcoran on March 25, 2025. Mr.

Allas had a medical history including diabetes, chronic low back pain, hypertension, and hyperlipidemia, among other conditions. On September 6, 2020, he received an influenza vaccine.

Two days later, on September 8, 2020, he emailed his primary care provider complaining of persistent muscular and joint pain, which he had been self-treating for three days without relief. He also reported pain traveling from his back to his legs.

His provider suggested pain medication. On September 9, 2020, Mr.

Allas had a telehealth appointment reporting severe back pain traveling to both legs, difficulty sleeping, and pain when walking, noting his current medications were not working. His provider diagnosed chronic low back pain and prescribed medication and referred him to physical therapy.

On the evening of September 12, 2020, Mr. Allas presented to an emergency department with a sudden inability to walk, reporting a history of chronic low back pain and recent knee surgery.

His physical and neurological exams were normal, though reflexes were not tested. He was transferred to another hospital due to his inability to walk, generalized weakness, and an indeterminate troponin level.

At the second hospital, he reported three days of lower extremity weakness and back pain, multiple near falls, worsening lower back pain, and an inability to walk with his walker. Examination revealed lower lumbar tenderness, mild spinal tenderness, a swollen right knee, decreased lower extremity strength, and diminished reflexes.

A lumbar puncture showed high cerebrospinal fluid protein, and an MRI of his lumbar spine showed no compression. A neurologist initially considered GBS but noted atypical asymmetry and CSF white blood cell count.

The next day, another neurologist diagnosed GBS and right leg weakness, noting an acute onset of lower extremity weakness and mild numbness following the flu shot. Mr.

Allas began a four-day course of IVIG and inpatient physical therapy. His condition improved, and an EMG and nerve conduction study showed findings consistent with GBS and right median neuropathy.

He was discharged home for outpatient physical therapy. Over the next several months, he underwent extensive physical and occupational therapy.

By March 2021, he had made significant gains and could ambulate with a one-handed device. By October 2021, his strength had returned to baseline, and he no longer required assistance walking, though he used a cane for safety.

His family members testified about his prior minimal chronic back pain and the significant decline in his health following the vaccination, including his inability to walk and need for assistance with daily activities. Petitioner's expert, Dr.

Steven N. Sykes, opined that the flu vaccine more likely than not caused Mr.

Allas's GBS, distinguishing his post-vaccination symptoms from his prior chronic back pain. Respondent's expert, Dr.

Marcello Matiello, opined that Mr. Allas's GBS symptoms likely preceded the vaccination.

The Special Master found that the evidence preponderated in favor of Mr. Allas's GBS onset occurring within the Table timeframe, distinguishing his pre-vaccination back pain from his GBS symptoms.

The Special Master determined Mr. Allas was entitled to compensation.

In the damages decision, the parties disputed the amount for actual pain and suffering. Petitioner sought $175,000.00, while Respondent argued for $100,000.00.

Petitioner highlighted his moderate GBS injury, hospitalization, IVIG treatment, extensive physical and occupational therapy, and periods of being bedridden and homebound. He cited comparable cases with awards ranging from $165,000.00 to $180,000.00.

Respondent argued Mr. Allas suffered a mostly mild injury with a short hospitalization and recovery, and that his pre-existing comorbidities should be considered.

He cited comparable cases with awards from $92,500.00 to $135,000.00. Chief Special Master Corcoran awarded Mr.

Allas $165,000.00 for actual pain and suffering, finding his injury moderately severe and distinguishing it from less severe GBS cases. He noted that while Mr.

Allas had pre-existing conditions, they did not diminish the impact of the GBS injury. The award was based on the severity and duration of his symptoms, his hospitalization, treatment course, and recovery, and was benchmarked against similar cases, including one not cited by the parties.