Steve Lehrman v. HHS - Influenza, Guillain-Barre Syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
Steve Lehrman filed a petition on November 13, 2013, alleging that an influenza vaccination received on October 25, 2011, caused him to develop Guillain-Barré syndrome (GBS). Respondent opposed compensation.
An entitlement hearing was held on June 20, 2017. Petitioner was represented by Sylvia Chin-Caplan, and respondent was represented by Darryl Wishard.
Petitioner's experts were neurologists Dr. Thomas Morgan and Dr.
Norman Latov, while respondent's expert was neurologist Dr. Vinay Chaudhry.
Petitioner's medical history included an upper respiratory infection (URI) three to four weeks prior to vaccination, which he described as congestion, while respondent's expert considered it a more significant URI. There was conflicting medical opinion regarding the onset of petitioner's GBS symptoms, with some records suggesting onset before the vaccine and others indicating onset after the vaccine.
Petitioner testified that his symptoms began the morning after vaccination. Petitioner's experts, Drs.
Morgan and Latov, theorized that the flu vaccine acted synergistically with the prior URI, causing an aberrant immune response and rapid-onset atypical GBS within 24 hours of vaccination. Respondent's expert, Dr.
Chaudhry, opined that the URI was the cause of the GBS and that the onset predated the vaccine. Special Master Mindy Michaels Roth issued a ruling on entitlement on March 19, 2018, finding that the influenza vaccine was a substantial contributing factor to petitioner's GBS.
The Special Master found that petitioner's symptoms began after the vaccination and that the combination of the URI and the flu vaccine led to an upregulation of the immune system, resulting in rapid-onset GBS symptoms. The Special Master concluded that respondent failed to prove that the URI was the sole substantial factor in causing the GBS.
Following the entitlement ruling, a proffer on the award of compensation was filed on November 19, 2018. Petitioner was awarded a lump sum of $107,145.01, representing compensation for past and future pain and suffering ($100,000.00), past lost earnings ($4,251.15), and past unreimbursed expenses ($2,893.86).
Theory of causation
Petitioner Steve Lehrman received an influenza vaccine on October 25, 2011, and subsequently developed Guillain-Barré Syndrome (GBS). Petitioner had a preceding upper respiratory infection (URI) three to four weeks prior to vaccination. Petitioner's experts, Drs. Morgan and Latov, proposed a theory that the influenza vaccine acted synergistically with the URI, causing an aberrant immune response and rapid-onset atypical GBS within 24 hours of vaccination. They posited that the URI pre-sensitized the immune system, and the vaccine acted as a subsequent immune challenge, leading to an upregulation of the immune system and a rapid onset of GBS symptoms. This theory was supported by literature on co-infection and immune memory, suggesting that a combination of infection and immunization can trigger neuropathy. Respondent's expert, Dr. Chaudhry, argued that the URI was the sole cause of GBS and that the onset of symptoms predated the vaccine. Special Master Mindy Michaels Roth ruled on March 19, 2018, finding that the vaccine was a substantial contributing factor to petitioner's GBS, agreeing that the combination of the URI and vaccine led to rapid-onset GBS. The Special Master found that respondent did not prove the URI was the sole substantial factor. On November 19, 2018, a proffer was filed, and petitioner was awarded $107,145.01 in a lump sum for pain and suffering, lost earnings, and expenses. Attorneys for petitioner were Sylvia Chin-Caplan and for respondent Darryl Wishard.
Source PDFs
USCOURTS-cofc-1_13-vv-00901