Cathy Deshler v. HHS - Pneumococcal, Guillain-Barré syndrome (2020)

On August 26, 2016, Cathy Deshler filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she developed Guillain-Barré syndrome (GBS) as a result of receiving the pneumococcal conjugate vaccine (Prevnar-13) on May 13, 2015. Ms.

Deshler was 59 years old at the time of vaccination. Her pre-vaccination medical history included conditions such as depression, anxiety, GERD, osteoarthritis, diabetes mellitus type 2, hyperlipidemia, and breast cancer with radiation therapy.

She had experienced neuropathic symptoms prior to vaccination due to her prediabetic condition, for which she was prescribed gabapentin and metformin. Approximately twenty days after receiving the vaccine, on June 2, 2015, Ms.

Deshler reported numbness in her right hand and both feet to her physician, Dr. Stephen Wood.

Dr. Wood suggested thoracic outlet syndrome for the hand numbness and diabetic neuropathy for the foot numbness, prescribing Lyrica.

On the same day, a biopsy confirmed a malignant ductal carcinoma in her left breast. Over the following weeks, Ms.

Deshler experienced worsening neurological symptoms, including weakness and facial drooping, leading to a diagnosis of acute inflammatory demyelinating polyneuropathy (AIDP), a variant of GBS, by Dr. Diana Banks on June 30, 2015.

Dr. Banks initiated IVIG treatment.

Ms. Deshler continued to receive treatment for GBS throughout 2015 and into 2016, experiencing some residual symptoms.

She also underwent treatment for her breast cancer, including a bilateral mastectomy. Petitioner presented expert testimony from Dr.

Donald Levy, an immunologist, and Dr. Nizar Souayah, a neurologist.

Dr. Levy opined that the pneumococcal vaccine can cause GBS through a molecular mimicry mechanism, where antibodies produced in response to the vaccine cross-react with nerve structures.

Dr. Souayah concurred, stating that the lack of other identified causal agents made the vaccine the likely cause.

Respondent argued that the pneumococcal vaccine does not cause GBS and that Ms. Deshler's condition was more likely attributable to her pre-existing conditions, such as diabetic neuropathy, or her recent breast cancer diagnosis, which could have caused a paraneoplastic syndrome.

Respondent presented expert testimony from Dr. Vinay Chaudhry, a neurologist, and Dr.

Lindsay Whitton, an immunologist. Dr.

Chaudhry opined that Ms. Deshler's GBS was not vaccine-caused and highlighted alternative potential causes in her medical history.

Dr. Whitton testified that the pneumococcal vaccine does not cause GBS and disputed the proposed molecular mimicry mechanism, particularly concerning the vaccine's components.

The Chief Special Master, Brian H. Corcoran, reviewed the medical records and expert testimony.

Ultimately, the Special Master found that Petitioner failed to establish by a preponderance of the evidence that the pneumococcal vaccine can cause GBS, noting the lack of identified homology between the vaccine's components and nervous system structures. The Special Master also found Petitioner's experts less persuasive than Respondent's experts and concluded that the scientific literature did not support a causal link.

Therefore, Ms. Deshler's claim for compensation was denied.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Colleen C.

Hartley of the U.S. Department of Justice.