Nicole Solomon v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2016)
Case summary [AI summaries can sometimes make mistakes]
Nicole Solomon filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2014, alleging she suffered symptoms including dizziness, numbness, fatigue, tingling, and pain after receiving an influenza vaccine on September 20, 2011, and a tetanus, diphtheria, and pertussis (TDP) vaccine on October 6, 2011. She believed her symptoms were consistent with Guillain-Barré Syndrome (GBS) and causally connected to the vaccinations.
The public decision does not describe the petitioner's counsel or respondent's counsel. The Special Master was Chief Special Master Nora Beth Dorsey.
The court noted that compensation cannot be awarded based solely on a petitioner's claims without substantiation from medical records or expert opinions. Solomon failed to file a medical expert report, and the court found the medical records did not support her claims.
The case was dismissed for insufficient proof. The medical records indicated a history of sinus infections, surgeries, Bell's palsy, and allergies.
Solomon's symptoms began around October 26, 2011, with numbness and dizziness, and progressed to involve all four extremities. Her initial neurologist, Dr.
Caryn M. Vogel, who treated her during the onset of symptoms and for the following two years, never mentioned GBS and diagnosed her with fibromyalgia, attributing her improvement to medication.
Another neurologist, Dr. Cynthia K.
McGarvey, who began treating Solomon two years after her symptoms started, opined that it was likely she had GBS with residual symptoms, but this opinion was based on information provided by Solomon that conflicted with contemporaneous medical records and occurred after her condition had reportedly resolved. The court found Dr.
Vogel's diagnosis of fibromyalgia to be more trustworthy. Because Solomon failed to establish that she suffered from GBS, the court determined she could not prove causation.
Even if GBS were established, she failed to satisfy the three prongs of the Althen test for off-Table claims, lacking an expert report, evidence of a proximate temporal relationship, and a logical sequence of cause and effect. Therefore, the petition was dismissed.
Theory of causation
Petitioner Nicole Solomon alleged Guillain-Barré Syndrome (GBS) following influenza and TDP vaccinations on September 20, 2011, and October 6, 2011, respectively. The Special Master, Chief Special Master Nora Beth Dorsey, dismissed the petition for insufficient proof. Petitioner did not file a medical expert report and relied on the medical records and a letter from Dr. Cynthia K. McGarvey. Respondent argued petitioner's diagnosis was fibromyalgia and GBS was not proven. The court found the medical records did not support a GBS diagnosis, noting that petitioner's initial neurologist, Dr. Caryn M. Vogel, who treated her during symptom onset and for two years thereafter, diagnosed fibromyalgia and found her neurological workup negative. Dr. McGarvey, who treated petitioner two years after symptom onset, opined GBS was likely but based her opinion on information conflicting with contemporaneous records and occurring after the condition reportedly resolved. The court found Dr. Vogel's diagnosis more trustworthy. Petitioner failed to establish GBS, thus failing to prove causation. Even if GBS were established, petitioner failed the three prongs of the Althen test for off-Table claims: no medical expert report establishing a causal theory, no proximate temporal relationship shown, and no logical sequence of cause and effect proven. The public decision does not detail the award amount or annuity terms as the case was dismissed. Petitioner's counsel was Amber Wilson of Maglio Christopher and Toale, PA. Respondent's counsel was Julia McInerny of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_14-vv-00748