Abby Vaughn v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2024)
Case summary [AI summaries can sometimes make mistakes]
Abby Vaughn, a 16-year-old, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2022. She alleged that she suffered Guillain-Barré Syndrome (GBS), a condition listed on the Vaccine Injury Table, after receiving an influenza vaccine on October 5, 2019.
The respondent conceded entitlement to compensation, agreeing that Abby met the criteria for a Table injury. The case then proceeded to a damages determination.
Abby sought $170,000 for past pain and suffering, citing her lengthy hospitalization, inpatient rehabilitation, and residual effects. The respondent proposed $110,000, arguing her case was less severe than some prior GBS claims.
Chief Special Master Brian H. Corcoran reviewed the medical records and arguments.
The public decision does not detail the specific onset of symptoms, diagnostic tests, or treatments beyond IVIG and Gabapentin, nor does it name petitioner's counsel or respondent's counsel in the damages decision, though their names appear in the entitlement ruling. The decision notes Abby was diagnosed with a less common GBS variation, acute motor and sensory neuropathy (AMSAN), and was hospitalized in the pediatric intensive care unit.
She received inpatient rehabilitation, used a walker and cane, and experienced headaches and balance issues. The court noted that some later symptoms, such as intermittent thigh and fingertip numbness in March 2021, were attributed by her neurologist to meralgia paresthetica and obesity, rather than GBS.
The Special Master found that while Abby's initial pain and suffering was significant due to unusual symptoms and diagnostic delays, her residual symptoms were mild and often attributable to unrelated conditions. Comparing her case to prior awards, the Special Master determined that $165,000 was a fair amount for past pain and suffering.
The parties also agreed on $736.27 to satisfy a Medicaid lien. Therefore, Abby Vaughn was awarded a total lump sum of $165,736.27, consisting of $165,000 for pain and suffering and $736.27 for the Medicaid lien.