Date: July 8th, 2020 1:33 AM
Author: chartreuse immigrant
IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS
, * * Petitioner, * * vs. * No.: ________________________
* SM __________________________ SECRETARY OF HEALTH AND * HUMAN SERVICES, * * Respondent. *
PETITION FOR VACCINE COMPENSATION
Petitioner requests compensation under the National Vaccine Injury Compensation
Program, 42 U.S.C. §300aa-10 et seq., for injuries received for the Hepatitis A and Meningococcal
vaccinations administered on July 6, 2017, that resulted in the development of Guillain-Barre
Syndrome (“GBS”) and/or other neurologic and physical impairments and other injuries. In
support, Petitioner states that:
See Petitioner’s Exhibit (“Ex.”) 1 [Affidavit of ]; Ex. 2 [“Community Health
Records”] at 5.
2. On July 6, 2017, received the Hepatitis A and Meningococcal
vaccinations at the office of in New York, NY. Ex. 1; Ex. 2 at 5-9.
3. Prior to this vaccination, Mr. never suffered from pain, numbness, or
tingling in his fingers, toes, neck, nor had he experienced any back pain or shortness of breath or
other GBS-like symptoms. Ex. 1.
4. Shortly after vaccination, on or around July 17, 2017, Mr. presented to
Urgent Care with numbness and tingling in both his hands that he woke up with that same day.
He was evaluated and determined not to be in any immediate distress and urged to follow up with
his primary care physician. Ex. 1; Ex. 3 at 4-6.
5. Mr. presented to the Mt. Sinai Hospital ER on July 18, 2017, with
complaints of back pain and unsteady gait. Objective examination confirmed an unsteady gait on
ambulation. He later reported associated diffuse body numbness and weakness. Testing revealed
an abnormally elevated CSF protein. Mr. was ultimately diagnosed with GBS in the ER,
was intubated after his condition deteriorated, and transferred after several days to the hospital for
long term care/management. Ex. 1; Ex. 4 at 12-13, 35, 47, 75-78.
6. On July 22, 2017, Mr. was transferred and admitted to the Mount Saini
Medical Hospital (“MSM”). Ex. 1; Ex. 6 at 415.
7. By way of history at MSM, it was noted that Mr. was started on IVIG due
to suspicion of GBS on July 21, 2017. He demonstrated “diffuse symmetric weakness of all 4
extremities with areflexia.” He later developed acute respiratory distress and was intubated. He
finished IVIG over 5 days and then began plasmapheresis and exhibited slow improvement. Ex.
1; Ex. 6 at 417.
8. As noted, Mr. was admitted to MSM on July 22, 2017 from the ER. His
diagnosis was GBS. He remained intubated. A tracheostomy was performed during the
hospitalization. He continued to show some improvement throughout the hospitalization, and
when he became able to talk, he shared that he had hepatitis and meningococcal vaccines prior to
his GBS/hospitalization. Ex. 1; Ex. 6 at 417.
9.
10. On August 24, 2017, Mr. was discharged from MSM. His discharge
summary included an admission diagnosis of GBS with a discharge diagnosis of respiratory failure
and gait dysfunction. His discharge disposition included transfer to long term acute care. Ex. 1;
Ex. 6 at 417-35.
11. Mr. was admitted to Henry J. Carter Specialty Hospital for long term care
that same day, on August 24, 2017. Ex. 1; Ex. 5 [Henry Carter Records] at 1.
12. At Henry Carter, Mr. ’ principal diagnosis was GBS status post IVIG and
plasma infusion. His reason for admission was management of his GBS-related respiratory failure
and management of other comorbid conditions. He exhibited ongoing abnormal muscle tone with
reduced strength in all extremities along with abnormal reflexes. He was dependent for all ADL’s.
Ex. 1; Ex. 5 at 1-9.
13. Mr. was discharged from long-term care of his numerous conditions
related to his GBS on March 8, 2018, after over seven months of continuous hospitalization. Ex.
1; Ex. 5 at 1.
14d
. Ex. 1; Ex. 7 at 39.
15. . Ex. 1.
16. Mr. has never received compensation in the form of an award or settlement
for his vaccine-related injuries, nor has he filed a “civil action” for vaccine-related injuries prior
to filing this petition. Ex. 1.
17. As a result of vaccination, Petitioner suffered damages recoverable under the
Vaccine Compensation Act.
WHEREFORE, Petitioner requests judgment against Respondent in an amount to be
determined by the Court as a result of the damages Petitioner has sustained because of the vaccine
he received.
Petitioner will supplement this petition with the electronic filing of all exhibits and the
additional relevant medical records as they are received.
Respectfully submitted,
B
ATTORNEYS FOR PETITIONER
CERTIFICATE OF SERVICE
I hereby confirm that this Petition is hereby electronically filed with the clerk of the United States Court of Federal Claims. A copy of the Petition was served by first-class mail upon the Respondent at the address below on the _____ day of April, 2020.
Secretary of the Department of Health and Human Services c/o Director, Division of Vaccine Injury Compensation Healthcare Systems Bureau Parklawn Building,
(http://www.autoadmit.com/thread.php?thread_id=4578719&forum_id=2#40565957)