Robert Paveglio v. HHS - Influenza, Guillain Barre syndrome (2025)
Case summary [AI summaries can sometimes make mistakes]
On May 19, 2023, Robert Paveglio filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on October 5, 2020. Mr.
Paveglio was 78 years old at the time of vaccination. His past medical history included chest pain, right upper quadrant pain, diabetes mellitus, hypertension, hyperlipidemia, left knee pain, localized osteoarthritis of the lower leg, and left knee pain.
Approximately two weeks after receiving the vaccine, on October 29, 2020, Mr. Paveglio presented to North Shore University Emergency Department with a complaint of progressive bilateral leg weakness that had begun around the time of his vaccination.
He reported falling the previous day due to his legs giving out. He was admitted to neurology, and differential diagnoses included mixed-picture GBS and transverse myelitis.
An MRI of the thoracic and lumbar spine was ordered, and a lumbar puncture was performed on October 30, 2020. The cerebrospinal fluid analysis demonstrated albuminocytological dissociation with a protein level of 108, which was consistent with GBS.
The attending neurologist diagnosed Mr. Paveglio with acute inflammatory demyelinating polyradiculopathy (AIDP) and initiated IVIG treatments.
Mr. Paveglio received four IVIG treatments between October 31 and November 3, 2020, and was discharged home on November 3, 2020.
Following discharge, he underwent 44 outpatient physical therapy sessions over five and a half months, from November 10, 2020, to April 26, 2021. His last neurology appointment was on February 10, 2022, where his neurologist noted continued improvement in strength.
The respondent filed a Rule 4(c) report conceding entitlement, stating that Mr. Paveglio satisfied the criteria set forth in the Vaccine Injury Table for GBS, with onset within the presumed window and no apparent alternative cause.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 8, 2024, finding Petitioner entitled to compensation.
As the parties could not agree on damages, a hearing was held. In a decision dated April 3, 2025, Chief Special Master Corcoran awarded Mr.
Paveglio $145,000.00 for actual pain and suffering. The Special Master considered Mr.
Paveglio's moderate case of GBS, the duration of his treatment, and compared it to other similar cases, finding the award to be reasonable and appropriate. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and Respondent was represented by Katherine Edwards of the U.S. Department of Justice.
The award was to be paid through an ACH deposit to Petitioner's counsel's IOLTA account.
Theory of causation
Petitioner Robert Paveglio, age 78, received an influenza vaccine on October 5, 2020. He alleged Guillain-Barré syndrome (GBS) as a vaccine injury. The respondent conceded entitlement, recognizing that Petitioner's GBS was a Table injury with onset between three and forty-two days after vaccination and no apparent alternative cause. Petitioner's symptoms of progressive bilateral leg weakness began approximately two weeks after vaccination, and he was diagnosed with GBS/AIDP on October 30, 2020, with CSF findings of albuminocytological dissociation. Treatment included hospitalization, four IVIG treatments, and 44 outpatient physical therapy sessions over five and a half months. The Special Master awarded $145,000.00 for actual pain and suffering, considering the moderate severity and duration of the injury, and comparing it to prior cases. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on March 8, 2024, and the final decision awarding damages on April 3, 2025. Petitioner was represented by Paul R. Brazil, and Respondent by Katherine Edwards.
Source PDFs
USCOURTS-cofc-1_23-vv-00739