Lynsie R. Kamppi v. HHS - Influenza, Guillain-Barré syndrome (2019)
Case summary [AI summaries can sometimes make mistakes]
On September 14, 2015, Lynsie R. Kamppi filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination received on September 28, 2013, caused her to develop Guillain-Barré syndrome (GBS).
Ms. Kamppi was 32 years old at the time of vaccination.
The Special Master determined that Ms. Kamppi's GBS symptoms first began on January 15, 2014.
This date is 15 weeks and five days after her vaccination, which falls outside the 3-42 day window for GBS listed in the Vaccine Injury Table and is considered medically infeasible for vaccine-induced GBS. The Special Master found that while influenza vaccines can cause GBS, the prolonged time between vaccination and symptom onset in this case did not establish a causal link.
The medical records indicated that Ms. Kamppi did not report GBS symptoms to any of the nine medical providers she saw between her vaccination and January 15, 2014.
The Special Master relied on the expert report of Dr. J.
Lindsay Whitton, who opined that any detectable risk of GBS following the 1976 swine influenza vaccine diminished after eight weeks, and that no compelling scientific evidence supports a causal link between flu vaccines since 1976 and an increased risk of GBS. The Special Master also considered decisions from other cases where onset periods longer than two months were deemed medically implausible.
The documents submitted by Dr. James Lyons-Weiler, which questioned arbitrary cut-off periods for GBS onset, were given little weight as they lacked background information and did not advance a specific causation theory for Ms.
Kamppi's case. The Special Master concluded that Ms.
Kamppi failed to establish the proximate temporal relationship required for an off-Table claim, and therefore failed to prove by a preponderance of the evidence that her vaccination caused her GBS. The petition was dismissed.
Petitioner was represented by Braden A. Blumenstiel of Blumenstiel Falvo, LLP, and Respondent was represented by Heather Lynn Pearlman of the U.S.
Department of Justice. The decision was issued by Special Master Katherine E.
Oler.
Theory of causation
Petitioner Lynsie R. Kamppi, age 32, received an influenza vaccination on September 28, 2013, and alleged it caused Guillain-Barré syndrome (GBS). The Special Master determined the onset of GBS symptoms was January 15, 2014, which is 15 weeks and five days post-vaccination. This temporal relationship falls outside the Vaccine Injury Table's 3-42 day window for GBS and was deemed medically infeasible. Petitioner's medical records did not indicate GBS symptoms prior to January 15, 2014. Respondent's expert, Dr. J. Lindsay Whitton, opined that GBS risk after the 1976 swine flu vaccine diminished after eight weeks and that no compelling evidence links post-1976 flu vaccines to increased GBS risk. Petitioner submitted documents from Dr. James Lyons-Weiler questioning arbitrary GBS onset cut-offs, but these were given little weight due to lack of background and specific causation theory. The Special Master found Petitioner failed to establish the proximate temporal relationship required under the Althen standard for off-Table claims. The petition was denied. Petitioner was represented by Braden A. Blumenstiel, and Respondent by Heather Lynn Pearlman. Special Master Katherine E. Oler issued the decision on October 24, 2019.
Source PDFs
USCOURTS-cofc-1_15-vv-01013