Camille Ashcraft v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2025)

Filed 2023-10-26Decided 2025-03-21Vaccine Influenza
compensated$152,788

Case summary [AI summaries can sometimes make mistakes]

Camille Ashcraft, a 45-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2023. She alleged that she suffered Guillain-Barré Syndrome (GBS) causally related to an influenza vaccine she received on October 5, 2022.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on October 8, 2024, conceding that Ms. Ashcraft was entitled to compensation as she met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 8, 2024, finding Ms.

Ashcraft entitled to compensation. The parties were unable to resolve damages, leading to a briefing schedule.

On March 21, 2025, Chief Special Master Corcoran issued a Decision Awarding Damages. Ms.

Ashcraft sought $220,000 for pain and suffering, citing her inability to care for her disabled daughter and ongoing symptoms such as nerve pain, weakness, and fatigue. She also sought $2,995.99 for past unreimbursable expenses.

The respondent argued for $115,000 for pain and suffering, characterizing her GBS as mild to moderate with significant recovery within eight months. The respondent objected to $207.50 of the claimed expenses.

The Special Master reviewed medical records, prior case awards, and the parties' arguments. The decision noted that Ms.

Ashcraft received the flu vaccine on October 5, 2022, and eleven days later, presented with weakness, difficulty keeping her eyelids open, and fatigue. She was diagnosed with GBS, hospitalized for five days, and received IVIG therapy.

She then attended 14 days of inpatient physical therapy and 37 outpatient PT sessions. Residual symptoms included nerve pain, weakness, fatigue, and difficulty sleeping, requiring prescription medication.

The Special Master found that Ms. Ashcraft suffered a mild to moderate GBS illness with Bell's Palsy symptoms.

While acknowledging her ongoing symptoms and inability to care for her daughter and earn money as before, the Special Master determined that her case did not warrant an award as high as requested, citing the rapidly obtained diagnosis, effective treatment, and mild nature of her long-term sequelae. The Special Master awarded Ms.

Ashcraft $150,000.00 for pain and suffering and $2,788.49 for past unreimbursable expenses, totaling $152,788.49. The Special Master excluded $207.50 of the claimed expenses related to travel to the vaccination site before symptom onset.

The decision was issued by Chief Special Master Brian H. Corcoran.

Theory of causation

Petitioner Camille Ashcraft, age 45, received an influenza vaccine on October 5, 2022. She alleged Guillain-Barré Syndrome (GBS) causally related to the vaccine. Respondent conceded entitlement, finding Petitioner met the criteria of the Vaccine Injury Table (Table) and Qualifications and Aids to Interpretation (QAI). The Table presumes vaccine causation for GBS with onset 3-42 days after a seasonal flu vaccine. The QAI describes GBS as an acute monophasic peripheral neuropathy. Petitioner's GBS onset occurred eleven days post-vaccination. The Special Master awarded $150,000 for pain and suffering and $2,788.49 for past unreimbursable expenses, totaling $152,788.49. The award was based on a finding of mild to moderate GBS with residual symptoms, considering the rapid diagnosis, effective treatment, and mild long-term sequelae, while also accounting for the injury's impact on her ability to care for her disabled daughter and earn income. Chief Special Master Brian H. Corcoran issued the decision on March 21, 2025. Attorneys for Petitioner were Jessi Carin Huff and for Respondent were Emily Hanson.

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