Norman Michaud v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2025)

On February 9, 2023, Norman Michaud filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré Syndrome (GBS) as a result of an influenza vaccine he received on November 7, 2020. Mr.

Michaud, a 58-year-old self-employed plumber, stated that his symptoms began approximately one week after vaccination, progressing to pain and numbness in his calves and toes, difficulty walking, and numbness in his fingers. He was seen by his primary care provider, Dr.

Jeffrey Wall, on November 30, 2020, who assessed him with bilateral calf pain and numbness in his toes. By December 2, 2020, his symptoms had progressed to bilateral leg weakness, requiring a cane, and poor balance.

A neurological consult was ordered. On December 17, 2020, a neurosurgical evaluation did not reveal spinal cord compression, but concern for motor neuron disease was noted.

On December 24, 2020, neurologist Dr. Hunter Sweet assessed Mr.

Michaud with acute inflammatory demyelinating polyneuropathy (AIDP) or GBS, noting it may be secondary to the influenza vaccination received approximately 3.5 weeks prior to symptom onset. Dr.

Sweet ordered a lumbar puncture and other tests, and planned for intravenous immunoglobulin (IVIG) treatment. Mr.

Michaud was admitted to the hospital on December 28, 2020, for IVIG infusions and was discharged to inpatient rehabilitation on December 31, 2020, with a rolling walker. He completed his treatment and was discharged home on January 6, 2021.

He continued with physical therapy and follow-up appointments with Dr. Sweet and later Dr.

Jagivan Mehta. By July 2021, Dr.

Mehta noted a "dramatic recovery," with Mr. Michaud working approximately 20-30 hours per week, though he still experienced difficulty climbing stairs and paresthesias.

An EMG/NCS study on August 31, 2021, showed electrodiagnostic evidence of AIDP. By December 2021, Mr.

Michaud reported no weakness, improved balance, and no longer required a cane or walker, though he continued to experience residual paresthesias and sensory ataxia. He returned to working full-time in early 2022 with some limitations due to fatigue and the physicality of his work.

Mr. Michaud submitted two affidavits detailing the onset and progression of his GBS and its impact on his daily life and employment.

The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, finding that Mr. Michaud satisfied the criteria set forth in the Vaccine Injury Table for GBS following a seasonal flu vaccination.

The case proceeded to determine damages, as the parties could not resolve the issue. Chief Special Master Brian H.

Corcoran presided over the proceedings. On January 24, 2025, a hearing was held to determine damages.

The Special Master awarded Mr. Michaud $212,578.22 in total compensation, comprising $138,000.00 for pain and suffering, $62,282.82 for lost earnings, and $11,295.40 for unreimbursable expenses.

The Special Master found Mr. Michaud experienced a moderate case of GBS with a good recovery, comparing his case to precedent to arrive at the pain and suffering award.

The parties were represented by Anthony Kirby Ferguson of Fales & Fales, P.A., for the Petitioner, and Rachelle Bishop and Felicia Langel of the U.S. Department of Justice, for the Respondent.