John Piermatteo v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2025)

On March 10, 2022, John Piermatteo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccine he received on December 11, 2019. Mr.

Piermatteo, who was 50 years old at the time of vaccination, stated that he received the vaccine as a requirement for a new job. Twelve days after vaccination, on December 23, 2019, he presented to the emergency department with bilateral leg weakness, leading to falls.

He was admitted to the ICU, where a neurologist noted decreased motor strength, absent reflexes in his lower extremities, and decreased sensation. A lumbar puncture revealed slightly elevated protein.

Following the procedure, he experienced a cerebrospinal fluid leak with a migraine, which was treated with a blood patch. He received a five-day course of IVIG and gabapentin.

By December 25, 2019, his condition had improved, and he was moved out of the ICU. On January 3, 2020, he was transferred to an inpatient rehabilitation facility.

However, his GBS symptoms worsened on January 7, 2020, and he was readmitted to the hospital. He underwent a second five-day course of IVIG.

Following this, he returned to inpatient rehabilitation in mid-January 2020, where he continued to experience numbness, tingling, and burning sensations, though improved. He was discharged from rehabilitation on January 23, 2020, needing a cane and precautions to avoid falls, and was not cleared to drive.

He followed up with his primary care physician on January 29, 2020, complaining of weakness, numbness, and proprioception issues, and began outpatient physical therapy. He attended two PT sessions in February 2020 but was discharged from PT due to missed appointments.

On March 30, 2020, his primary care physician noted that from a GBS standpoint, he was "back to normal." Approximately one year later, on March 11, 2021, he saw a podiatrist for foot pain and difficulty walking, reporting dyesthesia, hyperesthesia, and paresthesia. Two years after that, on April 3, 2023, he saw a neurologist for persistent toe numbness, which he attributed to his GBS.

An EMG performed in June 2023 suggested a mild peripheral neuropathy. The respondent initially opposed compensation but later conceded entitlement, agreeing that Mr.

Piermatteo met the criteria for a Table injury for GBS following a flu vaccine. The case proceeded to a damages hearing on March 28, 2025, before Chief Special Master Brian H.

Corcoran. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Mallori Browne Openchowski.

Mr. Piermatteo requested $185,000.00 for past pain and suffering, citing his prolonged hospitalization, two rounds of IVIG, and ongoing symptoms.

The respondent proposed $120,000.00, arguing his GBS course was less severe than cited comparables and that his primary care physician noted he was "back to normal" by March 2020. Chief Special Master Corcoran awarded Mr.

Piermatteo $170,000.00 for actual pain and suffering and $54,917.29 to satisfy a Medicaid lien, totaling $224,917.29. The decision was issued on March 28, 2025.