Kendall Reichert v. HHS - Influenza, Guillain-Barre syndrome (2018)

Kendall Reichert, a 55-year-old male, received an influenza vaccine on October 22, 2014. He alleged that he developed Guillain-Barre Syndrome (GBS) as a result of this vaccination.

His first symptoms of bilateral numbness in his fingers and toes began on January 3, 2015, seventy-two days after vaccination. He sought compensation under the National Vaccine Injury Compensation Program, proceeding on an off-Table claim.

Petitioner presented expert testimony from Dr. Eric Gershwin, who opined that the flu vaccine was a substantial causative factor in Mr.

Reichert's GBS, suggesting a theory involving cytokine upregulation and molecular mimicry, or alternatively, original antigenic sin, potentially exacerbated by a pre-existing urinary tract infection or a later exposure to the wild influenza virus. Respondent presented expert testimony from Dr.

Noel Rose, who opined that the flu vaccine did not contribute to Mr. Reichert's GBS.

Dr. Rose emphasized that GBS is an acute disease and that the seventy-two-day delay between vaccination and symptom onset was not medically acceptable according to the prevailing medical literature.

The Special Master found that Petitioner failed to establish a plausible causation theory supported by reliable scientific evidence, particularly concerning the extended onset period. The court noted that GBS is typically acute and not characterized by a long, subclinical period of antibody buildup as seen in chronic autoimmune diseases like lupus.

The Special Master concluded that the seventy-two-day timeframe was medically unacceptable and denied entitlement to compensation.