Ashcraft v. Secretary of Health and Human Services
23-1885V
Fed. Cl.Mar 21, 2025Background
- Camille Ashcraft filed a petition under the National Vaccine Injury Compensation Program, alleging she developed Guillain-Barré syndrome (GBS) after receiving a flu vaccine on October 5, 2022.
- The respondent (Secretary of Health & Human Services) conceded entitlement to compensation for injury caused by the vaccine.
- The parties failed to agree on damages, prompting the Special Master to resolve the matter based on briefing and the record.
- Ashcraft experienced a mild to moderate GBS illness, required hospitalization and inpatient rehab, and has ongoing mild residual symptoms impacting her daily activities and ability to care for her disabled daughter.
- The primary dispute centered on the appropriate amount for pain and suffering, with Ashcraft seeking $220,000 and the government suggesting $115,000; past medical expenses were also contested in small part.
- Special Master Corcoran awarded a total of $152,788.49 ($150,000 for pain and suffering, plus $2,788.49 for unreimbursed expenses).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Amount for pain and suffering award | $220,000 justified due to significant ongoing symptoms and impact on family responsibilities | $115,000 is appropriate given mild/moderate severity and substantial recovery within 8 months | $150,000 awarded based on case facts and comparables |
| Consideration of comparative cases for damages | Relies on higher awards in similar GBS cases with ongoing symptoms and longer rehab | Compares to lower awards in allegedly similar, milder cases | Court found comparables better supported higher award |
| Ongoing symptoms and quality of life effect | Emphasizes inability to care for disabled daughter and residual symptoms as aggravating factors | Argues lasting effects are mild and largely resolved | Court acknowledges impact but finds award within range |
| Reimbursement for pre-diagnosis vaccine trip | Includes mileage to hospital for initial vaccination in expenses | Excludes this expense as unrelated to treatment or diagnosis | Expense excluded from recovery |
Key Cases Cited
- Hodges v. Sec’y of Health & Hum. Servs., 9 F.3d 958 (Fed. Cir. 1993) (Special masters may use their expertise in judging vaccine claims)
- Doe 34 v. Sec’y of Health & Hum. Servs., 87 Fed. Cl. 758 (Fed. Cl. 2009) (Permitting reference to prior pain and suffering awards for guidance)
- Graves v. Sec’y of Health & Hum. Servs., 109 Fed. Cl. 579 (Fed. Cl. 2013) (Disapproves automatic use of median or capped awards in pain and suffering)