J.S. v. HHS - Influenza, Guillain-Barre Syndrome (GBS) (2024)

On August 10, 2022, J.S. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging Guillain-Barré Syndrome (GBS) resulting from an influenza vaccine received on October 3, 2020. The respondent conceded entitlement, agreeing that the petitioner met the criteria for a Table injury.

The case proceeded to a damages hearing. Petitioner, then 66 years old, had a pre-vaccination medical history including diabetes, hypertension, hyperlipidemia, and erectile dysfunction.

Ten days after receiving the flu and pneumococcal vaccines, he presented to the emergency department with a two-day history of ascending weakness and numbness, progressing to inability to ambulate. He was admitted to the ICU with concern for GBS.

A lumbar puncture revealed elevated protein, and his neurologist diagnosed acute demyelinating polyneuropathy, a form of GBS, ordering IVIG. Petitioner was hospitalized for eleven days, receiving IVIG and gabapentin, and experiencing severe pain managed with opioids.

He developed an ileus, requiring rectal and nasogastric tubes, and discontinuation of opioids. He was then transferred to an inpatient rehabilitation facility for 32 days.

Upon discharge, he continued outpatient physical and occupational therapy for nearly two months. He continued to experience residual weakness, numbness, balance issues, and pain, impacting his lifestyle and hobbies.

His pre-existing erectile dysfunction was exacerbated by the GBS, requiring surgical implantation of a penile prosthesis. By March 2022, he was doing well with no restrictions, though he continued to report some weakness and numbness.

The public decision does not describe the specific mechanism of injury or name petitioner's counsel or respondent's counsel. Chief Special Master Brian H.

Corcoran issued the ruling. The Special Master awarded $178,000.00 for actual pain and suffering, $6,828.80 for lost earnings, and $4,681.77 for unreimbursable expenses, totaling $189,510.57.

The award was a lump sum payment in the form of a check payable to the petitioner.