Jennifer Gross v. HHS - Pneumococcal, Guillain-Barré Syndrome (“GBS”) and chronic inflammatory demyelinating polyneuropathy (“CIDP”) (2022)

Jennifer Gross, a 54-year-old woman, received a Prevnar 13 vaccine on September 22, 2016. Within 13 days, she began experiencing tingling in her hands, which progressed to numbness and weakness in her extremities.

She was admitted to the hospital and diagnosed with Guillain-Barré Syndrome (GBS), an acute paralytic disorder of the peripheral nervous system. Her condition continued to evolve, and she was later diagnosed with Chronic Inflammatory Demyelinating Polyneuropathy (CIDP), which is considered the chronic counterpart of GBS.

Gross presented medical records and expert testimony from neurologists Dr. Daniel Stein and Dr.

Lawrence Steinman, who opined that the Prevnar 13 vaccine caused her GBS and subsequent CIDP through a mechanism of molecular mimicry. They proposed that components of the vaccine could trigger an autoimmune response that attacks the peripheral nerves.

Respondent, the Secretary of Health and Human Services, argued against compensation, presenting expert testimony from neurologists Dr. Vinay Chaudhry and Dr.

Noel Rose, and Dr. Lindsay Whitton.

They contended that the Prevnar 13 vaccine is not associated with GBS or CIDP and that the proposed molecular mimicry mechanism was not scientifically supported for this vaccine or condition. The court found that Gross provided preponderant evidence that her diagnosis was GBS, which subsequently became CIDP, and that the Prevnar 13 vaccine caused her condition.

The court accepted the theory of molecular mimicry as a sound and reliable mechanism for vaccine causation in this case, noting a medically acceptable temporal relationship between the vaccination and the onset of symptoms. The court also found no evidence of an alternate cause for her illness.

Therefore, Jennifer Gross was found entitled to compensation, with damages to be determined in a separate order.