Fred Brock v. HHS - Influenza, Guillain Barré syndrome (2014)

Fred Brock filed a petition alleging that an influenza vaccine he received on September 14, 2010, caused him to develop Guillain Barré syndrome (GBS). The case was initially placed on an expedited settlement track, but after eight months of negotiations, the parties agreed that informal resolution would not be possible.

Mr. Brock then elected to proceed by filing a motion for a decision on the record, foregoing an expert report and a formal causation hearing.

Respondent argued that the record did not establish a causal connection between the vaccine and his GBS, suggesting instead that an intervening diarrheal illness, likely Campylobacter jejuni, was the cause. The medical records indicated that Mr.

Brock experienced persistent diarrhea for several weeks after his vaccination and before the onset of GBS symptoms. Treating physicians noted the temporal association with the flu shot but did not opine that it caused the GBS.

Several physicians suggested that the GBS was secondary to Campylobacter jejuni infection, potentially contracted from occupational exposure to dog feces. Although there was no laboratory confirmation of Campylobacter, medical literature supported its association with GBS.

The court found that Mr. Brock failed to present preponderant evidence that the flu vaccine was a substantial factor in causing his GBS, especially given the presence of the intervening diarrheal illness.

Consequently, the petition was dismissed for insufficient proof on June 12, 2014. However, on October 10, 2014, the parties filed a stipulation for attorneys' fees and costs.

The court found that the petition was brought in good faith with a reasonable basis, and awarded $33,690.80 jointly to Mr. Brock and his attorney for fees and costs.