Nyasha Walrond v. HHS - Influenza, Guillain-Barré Syndrome (GBS) (2019)

On December 3, 2015, Nyasha Walrond filed a petition alleging that she developed Guillain-Barré Syndrome (GBS) as a result of receiving an influenza vaccine on February 6, 2015. The respondent is the Secretary of Health and Human Services.

Petitioner filed a statement of completion on April 8, 2016. The respondent initially indicated an intent to defend against the claim.

Petitioner filed an expert report by Dr. Edwin Forman and supporting literature on March 24, 2017, and April 6, 2017, respectively.

The respondent filed an expert report by Dr. Peter Bingham and a Rule 4(c) report on June 14, 2017.

During a status conference on July 14, 2017, it was noted that medical records indicated the petitioner had positive Epstein Barr Virus (EBV) IgG and IgM tests between the time of vaccination and the GBS diagnosis. The petitioner was given an opportunity to file a responsive expert report, which she did on October 26, 2017, by Dr.

Forman. The respondent then submitted a supplemental report by Dr.

Hayley Gans. After further proceedings, including an informal attempt to resolve the case which reached an impasse in November 2018, a status conference was held on February 27, 2019.

During this conference, Special Master Thomas L. Gowen indicated that the respondent's presented alternative cause (EBV) was not speculative, noting the documented occurrence of EBV and its temporal relationship with the GBS onset made it a more likely cause than the vaccination.

Special Master Gowen recommended petitioner's counsel discuss the path forward with the client. On April 8, 2019, petitioner filed a motion to dismiss her claim, stating that an investigation of the facts and science supporting her case demonstrated she would be unable to prove entitlement to compensation.

The petition did not allege a "Table injury." To prevail, petitioner needed to establish actual causation, requiring a medical theory, a logical sequence of cause and effect, and a medically acceptable temporal relationship between the vaccination and the injury, as outlined in Althen v. Sec’y of Health & Human Servs.

The Special Master noted that the petitioner was ill with EBV between vaccination and GBS diagnosis, with elevated EBV IgM documenting the current nature of the infection. The Special Master found it more likely that the GBS occurred as a sequela of the EBV rather than the influenza vaccine.

Finding insufficient evidence in the record for the petitioner to meet her burden, the Special Master dismissed the petition for insufficient proof. The Clerk of the Court was directed to enter judgment accordingly.

Petitioner's counsel was Diana L. Stadelnikas.

Respondent's counsel was Debra A. Begley.

Special Master was Thomas L. Gowen.