Lynnette Westbrook v. HHS - Influenza, Guillain-Barré syndrome (2025)

Lynnette Westbrook filed a petition for compensation under the National Vaccine Injury Compensation Program on May 24, 2022, alleging Guillain-Barré syndrome (GBS) resulting from an influenza vaccine administered on October 16, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 29, 2023, conceding that Ms.

Westbrook met the criteria set forth in the Vaccine Injury Table, that the case was timely filed in the United States, and that she satisfied the statutory severity requirement by suffering residual effects for more than six months. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on September 8, 2023, finding Ms. Westbrook entitled to compensation.

The parties were unable to agree on damages, leading to a "Motions Day" proceeding on June 27, 2025. Ms.

Westbrook, 49 years old at the time of vaccination, had numerous pre-existing conditions including vertigo, hypothyroidism, hypertension, chronic renal insufficiency, and back pain. She received the influenza vaccine on October 16, 2019.

Within approximately 17 days, she began experiencing symptoms including back pain, urinary retention, and numbness, leading to a diagnosis of GBS. Her medical records document a course of treatment that included hospitalization, spinal MRI, EMG/NCS testing, lumbar puncture, physical therapy, occupational therapy, and multiple courses of IVIG therapy.

She required assistance with daily living activities and used mobility aids such as a wheelchair and walker. Her medical records also indicate ongoing weakness, balance issues, pain, dizziness, and blurred vision.

The public decision does not describe the specific mechanism of injury or name expert witnesses. Chief Special Master Corcoran issued a Decision Awarding Damages on August 15, 2025.

He awarded Ms. Westbrook a total of $185,209.45, comprising $175,000.00 for past pain and suffering and $10,209.45 for unreimbursed expenses.

In determining the pain and suffering award, Chief Special Master Corcoran considered Ms. Westbrook's awareness of her injury, the severity and duration of her symptoms, and compared her case to prior decisions in Fedewa, Johnson, and Dillenbeck.

He noted that while her GBS course was significant, her pre-existing spinal comorbidities may have contributed to some ongoing symptoms. The decision was issued by Chief Special Master Brian H.

Corcoran. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Christopher Pinto for the damages decision.