Sherry Salmins v. HHS - HPV, Guillain-Barré syndrome (2015)

Sherry Salmins filed a petition on March 7, 2011, alleging that a human papillomavirus (HPV) vaccine (Gardasil) she received on January 27, 2009 caused her to develop Guillain-Barré syndrome. Petitioner developed flu-like symptoms within days of vaccination, progressing to ascending numbness and weakness; on February 2, 2009, she presented to the emergency department where she was diagnosed with mild GBS.

By February 5, 2009, she had developed bilateral leg weakness and was admitted for IVIG treatment. She later underwent inpatient rehabilitation and experienced residual neuropathic symptoms.

Respondent argued that petitioner did not have GBS and alternatively that her neurological complaints stemmed from pre-existing conditions including polycystic ovarian syndrome, obesity, and pre-diabetes. Special Master Dorsey issued a published Ruling on Entitlement on March 31, 2014, finding petitioner entitled to compensation.

The SM found that treating physicians consistently diagnosed petitioner with GBS and that petitioner's expert, Dr. Nizar Souayah, plausibly explained causation through molecular mimicry — the same mechanism accepted for c. jejuni-induced GBS.

All three Althen prongs were satisfied: a credible causation theory, a logical sequence of cause and effect supported by treating physician opinions, and medically acceptable timing (onset approximately one week post-vaccination). Respondent failed to establish an alternative cause, as no pre-existing condition could cause GBS.

On June 15, 2015, Special Master Dorsey issued a Decision on Damages awarding petitioner a lump sum of $1,405,466.39, representing first-year life care expenses ($22,098.70), lost earnings ($1,198,320.52), pain and suffering ($180,000.00), and past unreimbursable expenses ($5,047.17). Petitioner additionally received an annuity for future life care needs in subsequent years.

There were no outstanding Medicaid liens.