Dorothy A. Rowan v. HHS - Influenza, Guillain-Barré syndrome (2020)

Petitioner alleged that the influenza vaccine administered on September 27, 2016, to 91-year-old Dorothy A. Rowan caused Guillain-Barré syndrome (GBS). This was presented as an off-Table claim because the onset of symptoms occurred approximately 30-36 hours post-vaccination, falling outside the three-day minimum required by the Vaccine Injury Table for flu-GBS claims. Petitioner relied on Dr. Lawrence Steinman's opinion that the onset timeframe was medically acceptable, citing the Schonberger study and the Institute of Medicine report, and arguing that an elderly individual's immune response could be rapid. Respondent, through Dr. Arnold Levinson, argued that the 30-36 hour onset was not medically acceptable for vaccine-induced GBS, citing immunosenescence in the elderly and the biological implausibility of such rapid symptom manifestation. Dr. Levinson also questioned the diagnostic validity of GBS in this case. The Special Master, Brian H. Corcoran, denied entitlement, finding that Petitioner failed to establish by a preponderance of the evidence that a 30-36 hour onset of GBS post-vaccination is medically acceptable or that it occurred in this case. The Special Master found Dr. Levinson's arguments more persuasive, noting that the Schonberger study did not support the specific timeframe asserted and that the immune response involves multiple phases that would likely preclude such rapid symptom onset. The decision was issued on May 29, 2020, and the petition was denied with no award granted. Petitioner's counsel was Curtis Webb, and Respondent's counsel was Voris Johnson.