Dolores Soltero Arias v. HHS - Influenza, acute inflammatory demyelinating polyneuropathy (“AIDP”) or Guillain Barre Syndrome (“GBS”) (2022)

On July 7, 2016, Dolores Soltero Arias filed a petition alleging that she suffered acute inflammatory demyelinating polyneuropathy (AIDP) or Guillain Barre Syndrome (GBS) as a result of her November 16, 2015 influenza vaccination. Petitioner was approximately 49 years old at the time of vaccination.

Her symptoms began around November 25, 2015. Because the petition was filed before GBS was added to the Vaccine Injury Table for influenza vaccines, petitioner had the burden to prove causation-in-fact.

The respondent initially contested entitlement, suggesting that a Cytomegalovirus (CMV) infection was the cause of the GBS. The Special Master reviewed medical records and expert opinions from Dr.

Kenneth H. Fife, M.D., Ph.D. for the respondent and Dr.

Mary Reif, M.D. for the petitioner. Dr.

Fife argued that petitioner's elevated liver enzymes and positive CMV test strongly suggested an ongoing CMV infection as the cause of GBS, and that GBS cases following flu vaccines were rare and likely coincidental. Dr.

Reif opined that the influenza vaccine could cause GBS through molecular mimicry and that petitioner's CMV positivity was likely a reactivation of a chronic infection due to physiological stress, not the primary cause of her GBS. The Special Master found that petitioner had presented preponderant evidence of a medical theory connecting the vaccine to GBS, a logical sequence of cause and effect, and a proximate temporal relationship, satisfying the Althen standard.

The Special Master concluded that the respondent had not met the burden of proving that CMV infection was the sole cause of the injury to the exclusion of the vaccine. On October 20, 2020, a Ruling on Entitlement was issued finding petitioner entitled to compensation.

On June 22, 2022, the respondent filed a Proffer on Award of Compensation, recommending an award of $165,000.00, which petitioner agreed to. On June 22, 2022, a Decision Awarding Damages was issued, granting a lump sum payment of $165,000.00 to Dolores Soltero Arias.

Petitioner was represented by Douglas Burdette and respondent was represented by Mallori Browne Openchowski. Special Master Daniel T.

Horner presided over the case.