Barbara Glover v. HHS - Influenza, Guillain-Barré syndrome (2025)

Barbara Glover, a 76-year-old retired woman, filed a petition on March 23, 2023, alleging that she suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine she received on November 23, 2020. The respondent conceded entitlement on January 26, 2024, agreeing that Petitioner satisfied the criteria for GBS following a seasonal flu vaccine as set forth in the Vaccine Injury Table.

The case then proceeded to a damages decision, as the parties could not agree on the amount for actual pain and suffering. Petitioner sought $200,000.00, while Respondent proposed $100,000.00.

Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Madylan Louise Yarc. Chief Special Master Brian H.

Corcoran presided over the case. Petitioner received the influenza vaccine on November 23, 2020.

Eleven days later, on December 4, 2020, she awoke with tingling, numbness, and weakness in her legs. She was admitted to the hospital for seven days, where she was diagnosed with and treated for GBS with IVIg and physical therapy.

During her hospitalization, she experienced pain, mild Bell's palsy, and required pain medication. Her post-hospitalization recovery involved home health services and physical therapy.

Petitioner reported ongoing symptoms such as weakness, paresthesias, and restless legs syndrome (RLS). The Special Master reviewed medical records, affidavits, and party assertions, considering prior GBS awards.

The Special Master found that Petitioner achieved a substantial recovery from GBS within approximately eleven months, around her last neurology evaluation. At that time, she had mild residual symptoms such as sensory ataxia and decreased deep tendon reflexes, which were likely attributable to GBS.

The Special Master noted that these residual symptoms are common in GBS cases and that Petitioner managed them herself without significant falls or further skilled therapies. The Special Master also found that Petitioner's paresthesias had disappeared by her last neurology evaluation and that any recurrence could be part of her pre-existing RLS, as no medical provider or Petitioner suggested her GBS worsened her RLS.

The Special Master determined that Petitioner's GBS course was not uniquely traumatic or extensive in rehabilitation, with active treatment lasting less than a year. The Special Master compared Ms.

Glover's case to the Paveglio case, which awarded $145,000.00 for pain and suffering to a retiree with a relatively straightforward and short hospital course, one round of IVIg, and no inpatient rehabilitation. Based on this comparison and the record as a whole, Chief Special Master Corcoran awarded Petitioner a lump sum of $145,000.00 for actual pain and suffering, to be paid via ACH deposit to Petitioner's counsel's IOLTA account.

This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.