Joey Dylla v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2024)

Joey Dylla, a 64-year-old adult, filed a petition on December 20, 2021, alleging Guillain-Barré Syndrome (GBS) after receiving an influenza vaccine on September 19, 2019. The petition stated that the GBS was a condition listed on the Vaccine Injury Table, that the vaccine was administered in the United States, that the residual effects of the GBS lasted for more than six months, and that no civil action had been filed or compensation received for the condition.

The case was assigned to the Special Processing Unit. On November 18, 2022, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that her condition met the criteria set forth in the revised Vaccine Injury Table and the Qualifications and Aids to Interpretation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 18, 2022, finding Petitioner entitled to compensation.

Following the concession of entitlement, the parties were unable to resolve damages, leading to a briefing schedule. On April 3, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages.

The decision noted that compensation would include actual and projected pain and suffering and emotional distress, not to exceed $250,000, and actual unreimbursable expenses determined to be reasonably necessary. The parties agreed on $7,506.81 for past unreimbursed medical expenses and $1,408.50 for future medication costs.

Petitioner sought $21,480.00 for home renovations, including a walk-in shower, and $180,000.00 for past and future pain and suffering, accounting for her forced early retirement due to GBS. Petitioner based her pain and suffering claim on three emergency room visits for diagnosis, hospitalization, inpatient and outpatient therapy, ongoing need for pain medication (Gabapentin and Tramadol), and continued sequelae including facial diplegia and lower extremity sensory loss.

Respondent countered that Petitioner should receive $120,000.00 for pain and suffering, arguing her circumstances were less severe than cited cases, and proposed a more modest amount of $5,174.78 for renovations, deeming Petitioner's proposed renovations extensive and not all reasonably necessary. The Special Master reviewed the medical records, affidavits, and arguments, considering prior pain and suffering awards in similar GBS cases.

The Special Master found Petitioner's GBS illness to be moderate, involving weakness, tingling, neurologic pain, facial weakness, migraine pain, and urinary incontinence. She required hospitalization, inpatient rehabilitation, and continued medication.

The Special Master noted that Petitioner, age 64 at vaccination, was forced to quit her job in early 2020 and continued to experience various symptoms through 2023, requiring daily Gabapentin. The Special Master found Respondent's proposed pain and suffering amount of $120,000.00 to be reasonable but low, and determined that Petitioner should be awarded $170,000.00 for pain and suffering, citing similarities to the Enstrom and Merchant cases.

Regarding renovations, the Special Master found the full costs sought by Petitioner, $21,480.00, to be necessary, including the addition of a walk-in shower and associated modifications. The final award totaled $200,395.31, comprising $170,000.00 for pain and suffering, $7,506.81 for past unreimbursed expenses, and $22,888.50 for projected unreimbursable expenses (future medication and renovations).

The award was to be paid as a lump sum. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Mallori Browne Openchowski.

The decision was issued by Chief Special Master Brian H. Corcoran.